Busia Governor Sospeter Ojamong has suffered a major setback after an Anti-Corruption court declined to suspend his Sh8 million graft case.
Ojamoong wanted the proceedings suspended as he pursues an appeal at the Court of Appeal where he intends to challenge the case.
The High Court had in March this year dismissed his petition where he sought to have his graft case declared a mistrial following claims that the prosecutor had threatened his witnesses.
Dissatisfied, the county chief filed a notice of appeal and, at the same time, made an application before Anti-Corruption Court magistrate Douglas Ogoti to suspend his case.
But Ogoti said the court lacks jurisdiction to stay its own proceedings.
“It is the Court of Appeal that can issue an order of stay. For this court to issue a stay of its own proceedings will be tantamount to abuse of court process,” he said.
The court found Ojamong has a case to answer in the graft case in 2020 after the prosecution called 20 witnesses.
The county chief has been charged alongside county executive committee members Bernard Yaite, Timon Otieno, Leonard Wanda, Allan Ekweny and Samuel Ombui.
Madam R Enterprise, a company that benefited from the county funds, similarly faces charges together with its owners Edna Adhiambo, Renish Achieng and Sebastian Hallensleben.
The county chief is being accused of intentionally entering into an MoU while in Berlin, Germany, on April 7, 2014, yet he knew the feasibility study on solid waste management had not been budgeted for in the year 2013-14.
(edited by Amol Awuor)
