Migori county secretary Christopher Odhiambo Rusana, who is facing abuse of office charges, will remain police custody until Monday next week.
Kisii chief magistrate Shiundu Lutta said he needed more time to consider a bond application by Rusana’s three defence lawyers.
Rusana was arrested by EACC sleuths on Tuesday. Yesterday, he denied that on February 29, 2016, he used his position to improperly confer a benefit to Eliud Obonyo Sotty by appointing him to act as the director of supply chain management, a function of the county Public Service Board.
His lawyers Omondi Kisera, Rodgers Abisai and Rodger Sagana applied to have him released on bond.
Lead counsel Abisai told the court that their client had pleaded not guilty and had applied for bond.
He said the accused was entitled to bond because the offence he committed was bailable, adding that the Constitution allows it.
“The accused person is entitled to be released on bond. Presumption of innocence equally applies to him,” Abisai argued.
He said his client had undertaken to be present during the entire trial and to abide by any condition the court may impose on him.
“The accused has equally undertaken not to interfere with any of the 12 witnesses who will testify against him,” he said.
The lawyer argued that Rusana has been in police custody since April 30 and was refused bail. As such, there was a need for the court to consider the application.
Kisera said, “The accused has been Migori county secretary since 2014 and none of the eight witnesses who work in the county has tabled evidence over threats."
Sagana said the prosecution had not given compelling reasons as to why their client could be denied bond. The hearing for the application was set for May 6.
Prosecutor Jami Yamina opposed the bond application, saying he had received complaints from eight witnesses who work for the county government that they risked their lives if they testified against their boss.
“The proposed witnesses have already registered their concern over victimisation in the county due to the case. The accused might be a threat,” Yamina said.
He said the investigating officer had highlighted the challenges he faced while investigating the matter.
(Edited by R.Wamochie)
