Busia Governor Sospeter Ojaamong’ spent the second night at Ethics and Anti-Corruption Commission (EACC) police cells awaiting a decision on whether he will be freed on bail Friday.
The cells at EACC headquarters at Integrity Centre on the ground floor were once offices. They were then converted into cells and suspects have a bed.
High profile suspects always plead with the courts to allow them to be held at EACC cells or Kileleshwa Police Station, probably because they are comfortable compared to other cells across the city.
Mr Ojaamong was charged together with county executive officer, Mr Bernard Yaite, Mr Allan Ekweny, the chief officer Finance and Mr Samuel Ombui, the Head of Treasury.
They denied charges of conspiracy to commit an economic crime, abuse of office and engaging in a project without proper planning. The deal was entered in 2014 for a feasibility study on solid waste management.
The prosecution opposed their release on bail arguing that they might interfere with witnesses because they were influential persons in the county.
The court heard that most of the witnesses were junior officers from the county and the accused persons might intimidate or dissuade them from testifying. The prosecution had also failed to disclose their identity.
Through an affidavit of the investigating officer Timothy Wahome, the prosecution told chief magistrate Douglas Ogoti that the likelihood of interference with the cause of justice was a compelling reason for them to be denied bail.
Mr Orengo dismissed the application saying that the offences were allegedly committed four years ago and the allegations were mere statements.
The court heard that the Busia Governor and the officials engaged a company known as Madam R Enterprise to conduct a feasibility study on waste management, yet it had not been budgeted for it.
In the process, the court heard, the county government lost Sh8 million.
They allegedly committed the offence between March 15 and September 25, 2014.
Although the DPP opposed the application to hold them at EACC or Kileleshwa, saying that all suspects should be treated equally, hence taken to Industrial Area Remand, Mr Ogoti sent them to EACC.