- The prosecution told Anti-corruption Chief Magistrate they are faced with two sets of statutes from the Government Printer that are different in context.
- The statutes are touching on the Busia County Supplementary Act, which has been used during the pendency of the case.
The prosecution has disputed the use of documentary exhibits being relied on by one of the defence witnesses testifying for former Busia Governor Sospeter Ojaamong in the Sh8 million graft case.
The prosecution on Tuesday told Anti-corruption chief magistrate Douglas Ogoti that they are faced with two sets of statutes from the same government printers that are different in context.
The statutes are touching on the Busia county supplementary act which has been used during the pendency of the case.
But the prosecution says the set of documents they have is different from the one held by the defence.
Ojaamong's third witness, Godfrey Odongo, relied on 30 documents in an attempt to absolve the ex-governor from any wrongdoing.
Some of the documents include the Busia County Supplementary Appropriations Bill, supplementary budget for the 2013-14 financial year, budget estimates and budget and appropriations committee report, Busia County Supplementary Act among others.
The prosecution on Tuesday told the court that Odongo, a member of the county assembly, should not be allowed to produce the document as exhibited in the case.
"It's important for this court to allow the maker of this document to come and produce and explain to the court which documents are genuine as we have two sets," the prosecution said.
Odongo is not the maker of the document but the government printer.
Ogoti will deliver a ruling on the same on Wednesday.
Ojaamong, his co-accused Bernard Aite, Leonard Wanda, Allan Omachari, Samwel Oseko, Edan Odoo, Renish Omullo, Sebasian Hallensben and Madam R Enterprises (MRE) were in 2018 charged with conspiracy to commit an economic crime.
Ojaamong is separately charged with engaging in a project without prior planning and abuse of office. Others are accused of willfully failing to comply with the law relating to the management of funds.
They knowingly approved payments amounting to Sh8 million to Madam R Enterprises Ltd for a feasibility study on solid waste management, a project for which funding had not been appropriated. They were placed on their defence after the prosecution called 20 witnesses.
Ojaamong gave an unsworn statement in June 2021 and defended the Sh8 million spent on the study by Madam R Enterprises, an alleged German company.
-Edited by SKanyara