A Kisii Anti-Corruption Court has dismissed the irregular and unlawful recruitment case against the former Kisii County Assembly Speaker David Kombo and Deputy Clerk Daniel Omwoyo.
Chief Magistrate Bernard Omwansa ruled the accused persons had no case to answer after the Prosecution failed to prove beyond reasonable doubt that the duo participated in an irregular recruitment process.
“I find that the prosecution has failed to establish a prima facie case against either the first accused or the second accused. Pursuant to Section 210 of the Criminal Procedure Code, I accordingly find that both accused persons have no case to answer and are hereby acquitted of the charge,” Omwansa said.
Omwoyo was accused of unlawfully appointing his niece, Everline Maraburi as a Clerical Officer at the County Assembly, without the approval of the County Public Service Board or following the laid down recruitment procedures.
The former Speaker was consequently charged with unlawfully facilitating Maraburi’s appointment.
The Magistrate argued that despite calling eight witnesses, the prosecution did not present any legally-defining documents showing that the recruitment procedure was illegal.
“The Prosecution failed to produce before this court any human resource manual, recruitment regulations, County Assembly Service Board policy, statutory instruments or any other legal document demonstrating that the procedure was allegedly violated,” the court heard.
Omwansa faulted the investigating officer for relying solely on the Salary and Remuneration Commission circular dated 30/12/2017, a directive issued almost two months after the perceived appointment.
He further ordered the court to release the cash bail for the accused persons who were out on bail after pleading not guilty to the charges in separate hearings in April 2025.
Kombo’s legal team led by George Morara and Andrew Kombo welcomed the court’s decision, saying their client was a distinguished statesman who had diligently served in various government institutions.
“The evidence that was presented did not meet the threshold of convicting our client or finding that he has a case to answer as had been alleged by the Ethics and Anti-Corruption Commission (EACC), therefore, we are elated and satisfied with the decision of the court,” Morara said.
His counterpart Andrew affirmed that the team had worked tirelessly to ensure that the truth comes out and their client is freed.
The former Speaker lauded his lawyers for convincing the court to acquit him of the charges, maintaining that he was a man of integrity who had served as an Assistant Minister, South Mugirango Member of Parliament and the Chairperson of the Kisii County Public Service Board.
By Mercy Osongo
