Trans Nzoia Senator walks free as court allows withdrawal of charges following restitution payment
Nairobi, May 28, 2025
Trans Nzoia Senator Allan Chesang has been cleared of fraud charges in a high-profile fake military tender scam after refunding Sh17.9 million to the complainant, bringing an end to a case that has shadowed his political career for over two years.
Senior Principal Magistrate Dolphina Alego on Tuesday allowed the Director of Public Prosecutions (DPP) to withdraw the charges against Chesang after the investigating officer confirmed to the court that the senator had made full restitution to the victim.
The investigating officer told the court that the Sh17.9 million had been deposited into the bank account of Chesang’s advocate, effectively resolving the financial dispute at the heart of the criminal case.
The Fake Tender Scheme
Chesang was among seven individuals accused of orchestrating an elaborate fraud scheme involving a fictitious Department of Defence contract worth Sh25.95 million. The accused persons allegedly conspired to defraud Wil Developers and Construction Limited by pretending they had secured a tender to supply 175,000 Jute Gunny Bags to the military.
The fraudulent contract, bearing reference number MODP/SUPPLS/0451-270/2017-18/SP, was purportedly executed between December 28, 2017, and March 22, 2018, in Nairobi.
According to court documents, the suspects also obtained Sh25 million from businessman Johnson Wambua Mwanzia under the false pretense that they had legitimately acquired the military supply contract.
Co-accused Still Face Charges
While Chesang secured his freedom through restitution, his six co-accused persons remain in the legal process. They include Clifford Okoth Ongugo (alias Victor Wandera), David Kahi Ambuku, Cliff Moseti Obwogi, Boniface Kamau Macharia, Ellyshah Onyango Oswago, and Esther Kalungu Ngotho.
The group faces multiple charges including conspiracy to steal, obtaining money by false pretenses, forgery, and uttering forged documents in connection with the elaborate scam.
Legal Resolution Through Restitution
Chesang’s legal team had applied to have the charges withdrawn, arguing that their client was willing to compensate the victim. The senator’s willingness to refund the Sh17 million that had been deposited in his account – money that prosecutors said implicated him in the fraud – appears to have been crucial in securing the case withdrawal.
The case highlights the complex relationship between criminal prosecution and civil restitution in fraud cases, where victims often prioritize recovering their losses over lengthy criminal proceedings.
Political Implications
The resolution of this case removes a significant legal cloud that has hung over Senator Chesang’s political career. As an elected representative of Trans Nzoia County, the fraud charges had raised questions about his fitness to hold public office.
The case also underscores ongoing concerns about corruption and fraud involving government contracts, particularly in the defense sector, which has been identified as vulnerable to such schemes due to its procurement processes and security considerations.
The DPP’s decision to allow withdrawal of charges following restitution reflects prosecutorial discretion in cases where the primary harm – financial loss to victims – has been remedied, though critics may question whether this approach adequately addresses the broader public interest in prosecuting corruption cases involving public officials.
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