Governor Ojaamong', 3 officials on graft charge out on bail

Busia Governor Sospeter Ojaamong' and three county officials were freed on a cash bail of Sh1 million each Friday, three days after they denied charges of abuse of office and conspiracy to commit economic crime.

Milimani chief magistrate Douglas Ogoti directed Mr Ojaamong’ together with three members of the county executive, Mr Bernard Yaite, Mr Allan Ekweny and Mr Samuel Ombui, to deposit a cash bail of Sh1 million each to secure their release.

RELEASE

The four were being held at the Ethics and Anti-Corruption Commission (EACC) cells, awaiting a court decision on bail application.

The prosecution had opposed their release arguing that they were influential persons and might interfere with the cause of justice by intimidating witnesses against testifying.

Mr Ogoti, however, said the prosecution had failed to table any facts to show how Mr Ojaamong would mobilise his supporters to come to Nairobi and interfere with witnesses. He said the case will be heard in Nairobi and the prosecution failed to show how the interference would occur.

“Who are these witnesses who are likely to be terrified? The primary factor to be considered is whether the accused persons will appear in court, for hearing or whenever required, once released on bail,” he said.

The magistrate said that it is not disputed that the offence they were facing were serious, the prosecution should place evidence, which will help the court make such a determination.

He ordered the accused persons to be presenting themselves before the investigating officer once every month.

At the same time, Mr Leonard Wanda, an executive committee member, also denied the charges after presenting himself in court. He was freed on similar bail terms. The court also dropped charges against Mr Timon Otieno, after it emerged that he has since died.

The five denied charges of conspiracy to commit an economic crime, abuse of office and engaging in a project without proper planning.

COMPANY

The court heard that the Busia governor and officials engaged a company known as Madam R Enterprise to conduct a feasibility study on waste management, yet it had not been budgeted for.

In the process, the court heard, the county government lost Sh8 million. They allegedly committed the offences between March 15 and September 25, 2014.

They faced other charges including wilful failure to comply with the law relating to management of public funds and fraudulent acquisition of public property.

The court issued warrants of arrest against the owners of the company - Ms Edna Adhiambo, Ms Renish Achieng and Sebastian Hallensleben, a German.

They are jointly accused of conspiring to commit an economic crime by engaging in a scheme to defraud the county government of Busia of Sh8 million by entering into a memorandum of understanding (MOU) for the study.

Mr Ojaamong' is being accused of intentionally entering into an MOU with the firm even though he knew that the study had not been budgeted for in the year 2013/2014. He is said to have entered into the contract while in Berlin Germany on April 7, 2014.

The pre-trial conference will be held on July 24.