The anti-corruption court on Wednesday May 25, 2022 dismissed Busia Governor Sospeter Ojaamong’s application to suspend his Ksh8 million graft proceedings.

Trial magistrate Douglas Ogoti dismissed the county boss’ request to stay his case, claiming the state counsel had intimidated and threatened his defence witness.

While dismissing the application, Ogoti noted the High Court having rejected a similar application, the trial court also lacks jurisdiction to issue the stay orders as requested.

He said if Ojaamong was aggrieved by orders of the High Court, the only avenue he has to seek for any form of relief is the Court of Appeal.

Ogoti further concurred with the Direector of Public Prosecutions (DPP) that the application by the Governor is an abuse of the court process and it is an attempt to delay the hearing of the graft case.

“I, therefore, find the application by the accused person here as an abuse of the court process and is hereby dismissed,” Ogoti ruled.

The magistrate ordered the case to proceed for further hearing as there is currently no order even from the Appellant Court suspending the case.

The county boss had urged Ogoti to temporarily stop his further prosecution saying he intends to appeal the High Court decision rendered in March this year.

Justice Esther Maina dismissed Ojaamong’s petition in which he sought to have his graft case declared a mistrial over claims that the prosecutor had threatened his witnesses.

The judge held that the allegations of violation of a fair trial was not proved by Ojamoong and dismissed his petition and ordered his case to proceed for further hearing.

Ojaamong moves to court of Appeal

Aggrieved with the decision, the governor filed a notice of appeal at the Court of Appeal.

Later after the High Court decision, Ojaamong appeared before magistrate Ogoti for the further hearing of his case but informed the court the intended appeal seeks to challenge the entire proceedings and will be rendered insignificant should the stay be denied.

However, the DPP in a response to the application by the county chief vehemently opposed the issue of suspending the case saying it lacks the jurisdiction to hear the application.

“Applicant must demonstrate that he has an arguable case with probability of success before Cour of Appeal and not this court,” the prosecution said.

Ojaamong charged in the High Court

In the case Ojaamong was charged in July 2018 alongside his Finance Executive Bernard Yaite, Chief Finance Officer Leonard Obimbira and Head of Treasury Accounting Samuel Ombui. They have all been put on their defence after they were found with a case to answer in May this year.

Ogoti, who ruled that the prosecution has established its case against them, put them on their defence after calling 20 witnesses and adducing 50 documents showing how the governor awarded a tender to a ghost company.

Governor Ojaamong and his nine co-accused are charged with engaging in a scheme to defraud the Busia County government of the said amount between March and September 2014.

The prosecution said Ojaamong travelled to Germany on April 1, 2014, with the officials to study new technologies on solid waste management. The trip was fully funded by MRE Limited.

Seven days later, Ojaamong signed an MoU with MRE Ltd, the prosecution says. The county was to pay Sh8 million to MRE for a feasibility study on solid waste management for the Busia government.

But at the time of signing the MoU, MRE was not registered. The company came into existence on July 8, 2014.