Kisii: 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.
According to Kenya News Agency, the Magistrate stated that the prosecution did not establish a prima facie case against either of the accused. Omwansa emphasized that under Section 210 of the Criminal Procedure Code, both accused persons were acquitted of the charges, as there was insufficient evidence against them.
Omwoyo faced accusations of unlawfully appointing his niece, Everline Maraburi, as a Clerical Officer at the County Assembly without the necessary approvals or adherence to recruitment protocols. The former Speaker was charged with facilitating this appointment.
The Magistrate noted that despite the prosecution calling eight witnesses, they failed to present any documents proving the recruitment procedure’s illegality. Omwansa highlighted the lack of human resource manuals, recruitment regulations, or other legal documents to support the allegations.
Omwansa criticized the investigating officer for relying solely on a Salary and Remuneration Commission circular from December 2017, which was issued after the alleged appointment. The court ordered the release of the cash bail for the accused, who had pleaded not guilty in separate hearings in April 2025.
Kombo’s legal team, led by George Morara and Andrew Kombo, expressed satisfaction with the court’s decision, asserting that their client, a respected statesman, had served diligently in various government roles. Morara stated that the evidence presented did not justify a conviction or further proceedings against their client.
Andrew Kombo added that their legal team worked tirelessly to uncover the truth, resulting in their client’s acquittal. The former Speaker praised his lawyers for their efforts, maintaining his integrity and dedication to public service throughout his career, including roles as an Assistant Minister, South Mugirango Member of Parliament, and Chairperson of the Kisii County Public Service Board.
