Busia county officials withdraw case
From right: Busia Governor Sospeter Ojaamong’, Bernard Yaite, Allan Omachari and Samuel Ombui at the Milimani Law Courts on July 6,2018. PHOTO | FILE | NATION MEDIA GROUP
What you need to know:
In the case filed at the Employment and Labour Relations Court in Nairobi, the three argued that the law that provides their suspension is discriminatory.
Mr Alan Ekweny Omachari, Mr Samuel Ombui and Mr Bernard Yaite wanted their suspension lifted, pending the determination of the case.
The officials argued that the law is discriminatory because Mr Ojaamong’, who is facing similar charges, is still in office.
Three Busia county government officials facing abuse of office charges have withdrawn an application they had filed challenging their suspension.
In the case filed before the Employment and Labour Relations Court, Mr Alan Ekweny Omachari, Mr Samuel Ombui and Mr Bernard Yaite wanted their suspension halted, pending the determination of the charges they are facing.
CHARGES
They argued that it was discriminative to suspend them and leave Governor Sospeter Ojaamong’, who is facing similar charges, still in office.
They had sued the Busia County Service Board and challenged Section 62 of the Anti-Corruption and Economic Crimes Act (ACECA), which provides the suspension of any officer facing criminal charge, until the case is determined.
On Thursday, the three said they had decided to withdraw the case without any conditions.
Justice Byram Ongaya slapped them with a cost of Sh60,000.
The application sought the declaration of the Act unconstitutional, offensive and discriminatory.
They argued that they are employees of the people of Busia County and should be treated equally without discrimination.
Mr Ojaamong' and four officials denied charges of conspiracy to commit an economic crime, abuse of office and engaging in a project without proper planning.
The fourth official is Mr Leonard Wanda, an executive committee member.
They were freed on cash bail of Sh1 million each.
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 offences between March 15 and September 25, 2014.
The pre-trial conference will be held on July 24.
