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The Anti-Court Court has allowed a witness in the Sh8 million graft case against former Busia Governor Sospeter Ojaamong (right) to produce documents in his defence. The prosecution had disputed the use of documentary exhibits by Godfrey Odongo, who is Ojaamong’s defence witness.

But trial magistrate Douglas Ogoti, sitting at Milimani Anti-Corruption Court, overruled the prosecution’s objection.

The prosecution had told the court that it was faced with two different sets of statutes from the same Government Printer.

Odongo relied on 30 documents in an attempt to absolve the ex-governor from wrongdoing.

The court heard that the documents include the Busia County Supplementary Appropriations Bill, supplementary budget for the 2013-14 financial year, budget estimates and budget and appropriations committee report, and Busia County Supplementary Act.

The prosecution had told the court that Odongo, a member of the county assembly, should not be allowed to produce the document as exhibited in the case.

Ojaamong is separately charged with engaging in a project without prior planning. Others are accused of failing to comply with the law on management of funds.

“It’s important for this court to allow the maker of this document to come and produce and explain to the court which documents are genuine as we have two sets,” said the prosecution.

Ojaamong, his co-accused 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.

Ojaamong is separately charged with engaging in a project without prior planning and abuse of office. Others are accused of willfully failing to comply with the law relating to the management of funds.

They knowingly approved payments amounting to Sh8 million  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.

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.