Prosecutors in a fraud case against Busia Governor Sospeter Ojaamong suffered a blow Thursday when a key witness renounced a statement he had allegedly signed.
Busia County Secretary Nicodemus Mulako told the anti-corruption court that he did not record the statement that was shown to him by the prosecutor.
Mr Mulako denied ever recording the statement to implicate the governor and other senior ministers in his local government.
As a consequence the witness was stood down.
Mr Mulako informed Chief Magistrate Douglas Ogoti that when the statement was recorded he had not yet joined the county government as an employee.
“I cannot testify on the strength of a statement which I did not record. By May 7, 2014 I had not joined the county,” Mr Mulako said.
Defence lawyers James Orengo and Dunstan Omari said the witness could not be allowed to testify about matters that he did not know about.
Mr Orengo questioned the validity of the statement and asked the prosecution to produce the original document as it strives to prove the case against the suspects.
Prosecutors admitted that the statement in court was not signed and they did not have the original handwritten statement.
Mr Mulako had been summoned to testify against Mr Ojaamong, who was charged alongside county ministers with conspiracy to defraud the county by engaging in a project without observing due procurement process.
Mr Ojaamong was charged together with county executive officer Bernard Yaite, finance chief officer Allan Ekweny and treasury head Samuel Ombui.
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.