The Kenya Anti-Corruption Court has acquitted the former Kenya Pipeline Company (KPC) Managing Director Joe sang and five former managers from the Sh1.9 billion Kisumu Oil Jetty case.
Trial magistrate Victor Wakumile gave the judgement that freed Sang and his co-accused on Wednesday saying there is no sufficient evidence to support the charges levelled against the six.
"I find that all prosecution witnesses were unanimous that the construction of Kisumu Oil Jetty was indeed planned before construction and way back in 2006 before most of the accused persons were employed by Kenya Pipeline Company," Wakumile said.
“The entire case against all accused collapses under section 215 Criminal Procedure Code (CPC). They are now all acquitted.”
Sang was charged alongside the General Manager of Finance Samuel Odonyo, Procurement Manager Nicholas Gitobu, General Manager of Infrastructure Billy Aseka, Head of Procurement Vincent Cheruiyot and Company Secretary Gloria Khafafa.
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The magistrate said the charge of engaging in a project without prior planning was defective both in fact and in law.
Other charges that were thrown out included abuse of office and wilful failure to comply with applicable guidelines relating to the management of public funds.
Charges of making illegally authorised payments also fell as the Wakumile noted no payments were made exceeding the approved budget of Sh1.9 billion.
The magistrate, while acquitting the six said the project was started back in 2006, long before most of the accused persons were employed by the company.
Wakumile also said that meant they delivered the project and as such should not have been charged.