• The EACC says there is likelihood and apprehension that Obado will obstruct justice by compromising or inducing witnesses with the aim of them not to give evidence.
• Court documents indicate that the accused's 13 companies received a total of Sh1.2 billion from the county government's account at the Central Bank of Kenya.
Image: FILE
The anti-graft agency has opposed the transfer of the Sh73 million corruption case against Governor Okoth Obado to Migori law courts on the grounds he might compromise witnesses.
The Ethics and Anti-Corruption Commission and the Directorate of Public Prosecutions say in an affidavit that Obado and co-accused Joram Opala and Jared Kwaga are politically connected and likely to interfere with witnesses.
They argue that the accused have great influence on junior county government employees and others lined up to testify against them.
Also facing the same charge are some of Obado's children and Kwaga's family members.
“There is high likelihood and apprehension that Obado will obstruct the course of justice by influencing or compromising or inducing witnesses with the aim that witnesses will not give evidence or will give particular evidence in a particular manner. This will amount to miscarriage of justice,” the affidavit says.
Last month, Opala applied for the case to be transferred to Migori, arguing that witnesses reside in the county where the alleged crime was committed.
He said no valid reason had been given to justify the filing of the case in Nairobi. He also wanted the criminal proceedings suspended pending the determination of his application.
But the EACC says the Milimani chief magistrate's court has the jurisdiction to hear and determine the case.
According to the agency, the offences were initiated in Migori, but the recipient banks were domiciled in Nairobi, Australia, United Kingdom and Scotland - all different jurisdictions.
“Opala has not demonstrated any prejudice to be occasioned on their part if the case is heard and determined in Nairobi,” the EACC says.
According to court documents, investigations found that companies related to Kwaga, his wife Christine Akinyi, his brother Opala, his mother Peninah Auma and sister-in-law Carolyne Ochola received huge sums of money as payment for services allegedly rendered to the Obado-led Migori county government.
The companies are listed as Misoft Company Limited, Tarchdog Printers, Deltrack ICT Services, Seletrack Consultants, Mactebac Contractors, Joyush Business, Swyfcon Engineering, Atinus Services, Kajulu Business, Victorius Investment, Dolphus Softwares, Pesulus Services and Dankey Press.
The documents indicate that an analysis of bank statements of the 13 companies showed that they received a total of Sh1.2 billion from the county government account at the Central Bank of Kenya for various services and goods allegedly rendered and supplied to the devolved unit.
Misoft, which is owned by Kwaga and Ochola, received Sh318,943,293 and Atinus and Dankey Press owned by Ochola Sh159,657,407.
Deltrack ICT Services Limited, Tarchdog, Mactebac and Selectrack owned by Opala received Sh500 million; Joyush Business and Swyfcon Engineering owned by Patroba Ochanda Sh163,409,311; Kalulu Business owned by Peninah Auma Sh100,426,787 and Victorius Investments owned by Ochola Sh44,221,722.
Opala is the director of Deletrack ICT, Tarchdog, Mactebc and Seletrack consultants and, through him, the companies received a total of Sh506,344,823 from the county government.
On receipt of the cash, the companies deposited funds to the Obado children's personal accounts, Kwaga's personal account, and to the account of Trustees of KPLC Ltd staff retirement benefit scheme domiciled in Nairobi.
“Kwaga went ahead and purchased a house on behalf of Obado in Loresho at Sh34 million from the Kenya Power Pension Scheme.
"An analysis of various bank accounts establish that the origin of the money that was sent to Obado’s children and the money used to buy the Loresho house originated from the Migori county government account in CBK,” the EACC says.
Part of the money received by Kwaga was wired to Obado's children accounts to allegedly cater for their school fees, upkeep, rent and hospital bills, purchase of high-end vehicles as they studied in Australia, Scotland and Britain.
The EACC investigations also showed that Mactabec, Deletrack, Tarchdog and Seletrack have their registered offices in Nairobi. They also have bank accounts in Nairobi, specifically at the Parliament branch of the Co-operative Bank.