WITNESSES EXPRESS FEAR

Migori County Secretary released on Sh50,000 bail

Accused of abuse of office by appointing supply chain chief, though appointment is mandate of PSB

In Summary

• Rusana promises not to interfere with witnesses, county employees, who allegedly fear for their lives if they testify against him.

• Accused of abuse of office by appointing supply chain chief, though appointments are the mandate of the Public Service Board.

Migori County Secretary Christopher Rusana is escorted to a Kisii court by plain cloth police officers on May 2, 2019.
Migori County Secretary Christopher Rusana is escorted to a Kisii court by plain cloth police officers on May 2, 2019.
Image: BENSON NYAGESIBA

Migori County Secretary Christopher Rusana on Monday was released on Sh50,000 bail by a Kisii court pending trial for alleged abuse of office.

Chief Magistrate Shiundu Lutta released Rusana who has been in police custody since April 30.

Rusana denied that on February 29, 2016, he used his office to improperly confer a benefit on Eliud Obonyo Sotty by appointing him director of supply chain management.

Such appointments are functions of the county Public Service Board.

Rusana's three lawyers, Omondi Kisera, Rodgers Abisai and Rodger Sagana, argued he has a constitutional right to bail or bond. The alleged offence is bailable.

The accused has undertaken not to interfere with any of the 12 witnesses who will testify against him
Rodgers Abisai, Rusana's lawyer

“The accused is entitled to be released on bond. Presumption of innocence applies to him,” Abisai argued.

He said Rusana will attend the trial and abide by any conditions.

Kisera said the investigating officer should have availed material to prove witnesses' fear of interference by the accused, not just allegations.

“The accused has been Migori secretary since 2014 and none of the eight witnesses who work in the county has tabled evidence over threats. No single witness' name has been mentioned,” Kisera said.

 

Principal prosecutor Jamina Yamina said his office had received complaints from eight witnesses, county employees. He said they feared for their safety if they testified against Rusana, their boss.

Lutta ruled the prosecution had not cited compelling reasons why the accused should be detained.

A trial date is to be set on May 17.

(Edited by V. Graham)

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