The High Court has set aside a six-year jail term for former Homa Bay county assembly clerk Bob Kephers Otieno.
It instead ordered a fresh trial in his Sh27.8 million corruption case.
Otieno was in November 2021 convicted for misappropriating Sh4.3 million and fined Sh8.6 million or six years’ imprisonment.
He then moved to the High Court to appeal his conviction, arguing that the trial magistrate did not consider his defence and the judgement was thus illegal.
Justice Esther Maina of the anti-corruption division of the High Court in Nairobi on Thursday set aside the judgement and directed the case be heard afresh.
"l have come to the conclusion that it would be just to set aside that judgement upon the applicant (Otieno), paying a throw away cost of Sh150,000 before the date that shall be set for the hearing of the matter," Maina ruled.
She set the pretrial hearing of the case for November 14.
Otieno was among five former officials of the Homa Bay assembly who were convicted for embezzling Sh27.8 million through irregular procurement.
Others were Caroline Chepkemoi Sang who was the principal finance officer and Maurice Odiwuor Amek (principal accountant).
Former MCAs Michael Owino Ooro who was serving as majority leader and Isaac Ouso Nyandege who was the minority leader also received different jail sentences in the case.
They were convicted by Homa Bay senior principal magistrate Thomas Obutu who said the fines were twice the amount each offender was found guilty of pocketing.
Otieno was fined a total of Sh10.3 million or six years in jail while Sang was fined Sh16,124,278 or serve the same jail term.
Amek was fined Sh16,124,278 or serve six years in jail while Ooro was slapped with a Sh9,996,000 fine or serve six years in jail.
The magistrate also barred the convicts from holding public office for 10 years.
Some 31 witnesses including MCAs and hotel managers testified in the case.
Justice Maina's ruling means Otieno will be charged afresh before another magistrate as the trial starts all over again.
The other convicts did not appeal the ruling meaning they either paid the fines or are serving their jail terms.
(Edited by Bilha Makokha)
