- The outgoing governor is separately charged with engaging in a project without prior planning and abuse of office.
-
Others are accused of wilfully failing to comply with the law relating to the management of funds.
Image: FILE
An anti-corruption court has admitted documentary evidence being relied on by one of the defence witnesses testifying for outgoing Busia Governor Sospeter Ojamong in a Sh8 million graft case.
The prosecution handling the matter had opposed its use, among nine other documents. It claimed that the Busia County Supplementary Act produced by the defence is different from what they have, yet it comes from the same Government Printer.
The prosecution wanted the Government Printer to appear in court and testify on the veracity of the document in possession of the defence.
However, the anti-corruption chief magistrate Douglas Ogoti said in order for the court to examine the contents of the documents, they have to be admitted.
"The court then can examine the variance and other issues raised and consider all the other surrounding circumstances pertaining to the case to consider whether the variance exists and affects the outcome of the case," he said.
Ojaamong and his co-accused persons, namely Bernard Aite, Leonard Wanda, Allan Omachari, Samwel Oseko, Edan Odoo, Renish Omullo, Sebasian Hallensben and Madam R Enterprises, were in 2018 charged with a conspiracy to commit an economic crime.
The outgoing governor is separately charged with engaging in a project without prior planning and abuse of office.
Others are accused of wilfully failing to comply with the law relating to the management of funds.
They are accused of knowingly approving payments amounting to Sh8,000,000 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. Ojamong gave an unsworn statement in June 2021 and defended the Sh8 million spent on the study by Madam R Enterprises, an alleged German company.
The issue of the documents arose after Ojamong's third defence witness, Godfrey Odongo, relied on a series of documents in an attempt to absolve the county chief from any wrongdoing.
Some of the documents include the Busia county supplementary appropriations bill, supplementary budget for the 2013-14 financial year, budget estimates, budget and appropriations committee report and Busia county supplementary act, among others.
Odongo is a former MCA in Busia county.
On Tuesday, as he was being cross-examined by the prosecution, he said there was no provision made for the feasibility study and waste management project in the budget proposals.
He, however, dismissed claims by the prosecution that a need for having a solid waste management plan has not been established. Odongo was the chairperson of the budget and appropriation committee then.
He confirmed that during the budget process there's a critical stage known as public participation.
"You testified that the budget committee will set out a programme for public participation. Have you tabled any evidence of that program in relation to the subject matter before court?" prosecution said.
"I do not have it with me" Odongo said.