- 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.
Image: FILE
A defence witness in the Sh8 million graft case facing former Busia governor Sospeter Ojaamong has said it was proper for the firm contracted for a feasibility study to receive payments.
Godfrey Odongo, a former MCA at Busia county, said the Public Finance Act allows payment for a project whose need has arisen even when it is not budgeted for.
“Was it proper and lawful for that payment to have been made if there was no budget?” defence advocate Stephen Ligunya said.
“Yes,” Odongo said.
He then cited Section 135 of the Public Finance Management Act.
The Act says, "A county government may spend money that has not been appropriated if the amount appropriated for any purpose under the County Appropriation Act is insufficient or a need has arisen for expenditure for a purpose for which no amount has been appropriated by that Act…”
Ojaamong, his co-accused persons Bernard Aite, Leonard Wanda, Allan Omachari, Samwel Oseko, Edan Odoo, Renish Omullo, Sebasian Hallensben and Madam R Enterprises 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 Sh8,000,000 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.
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.
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.
Monday's proceedings also saw the witness say that there was provision for a solid waste management programme and that a need for the solid waste programme had been established earlier than April 30, 2013.
(edited by Amol Awuor)