An anti-corruption court will on May 25 determine whether it will suspend the Sh8million graft proceedings against Busia Governor Sospeter Ojaamong’ as he moves to the appellate court to challenge the case.
The High court in March this year dismissed his petition in which he sought to have his graft case declared a mistrial over claims that the prosecutor had threatened his witnesses.
Justice Esther Maina said the allegations of violation of a fair trial was not proved.
Aggrieved with the decision, the County chief filed a notice of appeal at the Court of Appeal.
On Thursday, he asked Anti-corruption Magistrate Douglas Ogoti to suspend his case.
Ojaamong told the court the intended appeal which seeks to challenge the entire proceedings will be rendered insignificant should the stay be denied.
The Director of Public Prosecutions in a brief rejoinder opposed the issue of suspending the case saying it lacks the jurisdiction to hear the application.
It submitted that if the county chief was aggrieved by orders of the High court, the only avenue he has to seek for any form of relief is the Court of Appeal (COA).
“Applicant must demonstrate that he has an arguable case with probability of success before COA and not this court,” DPP said..
The DPP said the application by the Governor is an abuse of the court process and it is an attempt to delay the hearing of the graft case.
“Application is bad in law. It’s untenable. It’s made for one sole reason. To delay prosecution of this matter,” DPP said.
The court also heard that the Governor has not filed the appeal but has placed a notice.
He said they are waiting for the proceedings that took place before the High court to be typed to enable them now put in the main appeal.
Ojaamong is among seven people who were in 2018 charged with conspiracy to commit an economic crime.
He is separately charged with engaging in a project without prior planning and abuse of office.
Others are accused of fraudulent acquisition of property, failure to pay taxes amongst others.
