Fraud case against suspended county officials hit snag

A fraud case against nine Turkana County government officers hit a snag on Wednesday after a magistrate’s court halted the proceedings.

Eldoret Senior principal magistrate Charles Obulutsa, said there was an order of stay issued by the High Court in Lodwar prohibiting the anti-graft agency from taking any action against the officials in regard to a contract by the County Government of Turkana.

“The objection as to the accused being asked to take plea has merit and will be upheld,” the magistrate said in his ruling.

Lawyer Philip Nyachoti, for the accused, made an application to have the plea quashed on ground that there is a penalty matter, miscellaneous application No. 2 of 2016 at the High Court in Lodwar.

The Ethics and Anti-Corruption Commission (Eacc) was served with the order.

In response, State Counsel Zachary Omwenga opposed the application and in his submission stated that the miscellaneous application only related to the specific tenders for the rehabilitation of Lodwar – Napelkar – Movuese road.

In the first count, the tender referred to is for Kalokoi – Lobolo – Elyle Spring road.

He argued that the order of stay does not relate to the current charges. Consequently the documents they were restrained from settling are not the subject matter of the case, he said.

The nine; Tioko Logiron, Lawrence Lolii, David Moranga Gesuka, Joseah Kingeno Kosgei, Lazaro Ekeno Eyang, Nancy Tatoi, Benson Logiel Lokwang, Stephen Gole Lowoton and Aposo Namoru had moved to the High Court and filed notice of motion seeking for the judicial review of the orders prohibiting them from executing their duties issued by the Eldoret Chief Magistrate Wanjiku Cherere.

The case will be mentioned on September 2.