One of the persons charged alongside Migori Governor Okoth Obado wants the court to transfer their Sh73 million fraud case to Migori law courts.
Joram Opala says no valid reason has been provided to justify the filing of the case at the Milimani law courts, Nairobi, especially given that the offences are said to have been committed in Migori.
He claims that the witnesses in the case reside in Migori county and is apprehensive there will be an unusual difficulty in bringing them to court to testify, which will inconvenience them.
"The deliberate filing of the case in Milimani many miles from Migori where the offence is alleged to have happened, where all witnesses, evidence, investigation took place has no justification," he says.
Through lawyer George Kithi, Opala says the move is a ploy by the Director of Public Prosecutions to deny them access to justice and make the hearing process expensive and impossible for him.
He wants the court to transfer the case from Nairobi Milimani law courts to Migori courts. Also sought is an order that pending the hearing of the application, the graft proceedings be suspended.
Opala says the prosecution obtained orders freezing all assets and their money and they currently have no means of livelihood.
"It is, therefore, punishing and harsh to file the proceedings and case in Nairobi and against the law," he says.
He cites Section 72 of the Criminal Procedure Code, which provides that when a person is accused of committing an offence, the offence may be tried within the area it was committed.
Justice James Wakiaga directed Opala to serve the DPP with the application for hearing on November 17.
Opala was in August arraigned alongside Obado, his four children, 13 trading companies and businessman Jared Peter Odoyo Olouch Kwaga, who is a friend to the governor’s family. Kwaga roped in his five family members into the alleged fraud and corrupt dealings in the county.
His relatives who were also charged include his 72-year-old mother, Peninah Auma, his wife Christine Akinyi, his sister-in-law Carolyne Anyango and his brothers Patroba Ochada and Joram Opala.
They face various charges ranging from conspiracy to commit an economic crime, unlawful acquisition of public property and money laundering among others.
The accused persons denied the charges and were released on bail. Obado was granted a cash bail of Sh8.75 million, his son Dan Okoth was given Sh2 million, Scarlet Okoth (Sh3 million), Jerry Okoth (Sh2 million) and Evelyn Adhiambo (Sh2 million). Kwaga was granted Sh8 million bail.
Edited by Henry Makori
