- The witness denied the accusation and was unable to produce any evidence to show that the Supplementary Appropriations Bill was adopted.
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He is Ojaamong's second defence witness.
Image: ENOS TECHE
The prosecution has accused former Busia Governor Sospeter Ojamong’s witness of producing fake documents in court.
The witness was accused of trying to prove that there was a law in place authorising the disbursement of funds for a waste project at the cost of Sh8 million.
The witness, a former MCA at the county, denied the accusation but at the same time was unable to produce any evidence to show that the Supplementary Appropriations Bill was adopted by the county assembly.
“Where is the evidence of the Bill being tabled before the assembly from this Hansard?” special prosecutor Taib Ali Taib said.
“It is not here,” Godfrey Odongo said.
Odongo was also unable to point out where the Busia county Supplementary Appropriation Bill is recorded in the Hansard.
“I put it to you that the alleged Bill of 30 June 2014 being a fake was never passed by the county assembly,” the special prosecutor said.
“Not accurate,” the former MCA said.
Odongo could also not produce any proof of expenditure of the county government of Sh4 million presented to the assembly. He told anti-corruption magistrate Douglas Ogoti he did not have it with him.
He said that procurement laws must be followed whether or not appropriation is made. The former MCA, however, said he does not know whether there was a procurement process initiated for the waste project.
Ojaamong, his co-accused persons 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.
The former 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 million to MRE 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.
The court heard that MRE was registered in Kenya on April 18. It emerged the county paid Sh8 million to a company whose registration indicated its business was to buy shoes and operate hardware.
Ojamong gave an unsworn statement in June last year and defended the Sh8 million spent on the study by MRE, an alleged German company.
Odongo is his second defence witness.
(edited by Amol Awuor)