KDF man loses freedom bid in fake military tender case

A Kenya Defence Forces (KDF) officer serving a one-year prison term over a fake military tender has lost his bid to be released on bond as his appeal is determined. 

Major Erastus Hezbon Otieno is challenging the court martial decision to convict and sentence him. 

He told the High Court that having already been sentenced, his appeal, if successful, will be rendered nugatory. He also said his inability to see his family will jeopardise his home life.

But Justice Lilian Mutende dismissed the request, saying it lacked merit. She rejected the officer’s argument that his appeal has high chances of succeeding.

"On the issue of there being chances of the appeal succeeding, looking at the petition of the appeal, and the offences the applicant was convicted of, it hangs in the balance. Therefore, chances of the appeal succeeding cannot be authoritatively stated to be overwhelming," the judge ruled. 

But she directed that the appeal be fast-tracked and heard on a priority basis.

Major Otieno was convicted last year and imprisoned after being found in possession of a false contract to supply Antilock Jam Pins to KDF. 

He received two months in prison for committing a civil wrong described as personation and another six months for false representation. The three sentences are supposed to run concurrently.

He was alleged to have falsely presented himself as Major Were to Gladys Maisiba and Caroline Muthoni.

Major Otieno had also been charged with committing a civil offence, conspiracy to defraud, but it flopped during trial at the court martial. 

It was alleged that he conspired with others to defraud Jemos Quick Investments of 500 Antilock Jam Pins worth Sh14.85 million.

In his court filings, Major Otieno indicated that on February 16, 2019, he met one Nobert Odundo, who introduced him to a friend by the name Cliff, whose friends had purportedly won a supply contract with the Department of Defence and needed his assistance. 

Mr Odundo drove him to the Lang'ata Barracks, where he was to meet the said Cliff and his friends to see the kind of help they required from him. 

However, on their way, Cliff called Mr Odundo informing him that they were already at the officers’ mess at the barracks, which was unusual because a civilian couldn't access the area unaccompanied.

Upon arriving at the mess, Cliff and the two women handed him a sealed envelope containing the claimed tender. 

As he walked out of the premises, an individual in plain clothes, who identified himself as a military police officer, approached him and asked him to hand over the envelope.

He was later arrested while Cliff and the two women were allowed to leave the barracks. 

Major Otieno was detained for 100 days under severe restrictions, including not being allowed visits from friends, family and lawyers, except for weekend visits by his wife in the presence of a military escort.

He sued and was awarded damages of Sh500,000 for the violation of his pretrial rights. 

In an October 31, 2019 judgement, the court found no plausible reason for placing Major Otieno under arrest for over three months before he was charged. He had asked for Sh500 million for the violation of his constitutional rights.