The Ethics and Anti-Corruption Commission has 14 days to file a report in court to confirm whether one of the accused persons charged alongside former MP Elizabeth Ongoro in relation to a Sh49 million fraud case is dead.
The fraud case was Monday listed for pre-trial but chief magistrate Lawrence Mugambi adjourned the matter to November 16 pending the report and progress on two other accused persons who are still at large.
The court heard that the state needs time to confirm whether Nahashon Odongo is dead.
Ongoro was last year charged alongside 20 others with embezzlement of Sh48.9 million from the Kasarani Constituency Development Fund.
Others facing the charges include Ongoro’s husband Ferdinand Masha Kenga, Silvan Onyango, Pamela Mudha and Nashon Odongo - a former Nairobi provincial accountant.
But the prosecution told the court that Pamela and Silvan have never been arrested. The investigating officer however said they have had challenges locating the two suspects.
Mugambi said the matter cannot proceed for pre-trial in their absence. He said in the event that they are not presented in court by the next hearing date, the state will have to amend their charge sheet and proceed with the accused persons who are present.
Mugambi also cautioned the prosecution, saying the case has never proceeded since last year.
Ongoro was the patron of the Kasarani National Government Constituency Development Fund committee when she was the MP from 2007 to 2013.
The Kasarani Girls High School project was conceptualised by the area CDF committee and Sh48,907,826 allocated to it and paid out.
