Five Homa Bay graft suspects freed on Sh2m cash bail each

Five former and current members of the Homa Bay County Assembly Service Board who were arrested last week on suspicion of misusing public funds have been released on Sh2 million cash bail each with surety.

They include Principal Finance Officer Caroline Chepkemoi Sang', Edwin Okello (cashier), former Assembly Service Board member Judith Omogi, former Majority Leader Owino Ooro and former Minority Leader Isaac Nyandege.

The five were released on condition that they will not interfere with investigations or skip court proceedings.

"I grant the accused persons bond on the above conditions. But it will be cancelled should there be any evidence of violating the bond terms," said Homa Bay Senior Principal Magistrate Thomas Obuto.

EMBEZZLEMENT

The five were charged that between June 2, 2016 and January 2017, within Homa Bay County, they jointly conspired to commit an offense of corruption, namely embezzlement of public funds amounting to Sh27,872,278 during the financial years 2015/2016 and 2016/2017, purportedly as facilitation for travel, conference accommodation and allowances for MCAs and other assembly staff.

Drama ensued when two senior officials who evaded arrest by the Ethics and Anti-Corruption Commission (EACC) presented themselves in court.

These are Assembly Clerk Bob Kephas and Senior Accounts Controller Maurice Amek.

The two disappeared on Thursday last week when the EACC wanted to arrest them following an order that was issued by the Director of Public Prosecutions Noordin Haji.

Their disappearance prompted Magistrate Obuto to issue an arrest warrant against them last Friday.

There was drama as the two presented themselves in court to evade being detained in a police cell.

They were accompanied by more than five lawyers.

POLICE BLOCK CAR

But police officers blocked their vehicle from entering the court premises.

Instead, the officers ejected the lawyers from the vehicle and took Mr Kephas and Mr Amek to Homa Bay police Station where they were detained.

The suspects' lawyers who included Ishmael Nyaribo and Daniel Bosire then took their complaints to Mr Obuto who was already presiding over a court case.

They accused the police of harassing them and requested Mr Obuto to order immediate arraignment of the suspects.

They argued that it was prudent for the magistrate to cancel the arrest warrant and order police to arraign the suspects.

"Our client has health issues which cannot allow him stay under erratic conditions in police cells. We request the court to allow him be brought in now," said Mr Bosire.

OPPOSED APPLICATION

Senior Prosecutor Hellen Mutellah opposed Mr Bosire’s application arguing that police officers still needed time to process the accused before presenting them in court.

Ms Muttellah also argued that the government has qualified health practitioners who could attend to the accused’s health issues.

"The investigations officers still need more time to detain the accused for processing before they are arraigned. The State also has qualified doctors to handle any accused person's healthy issues," said Ms Muttellah.

This angered the suspect's lawyers with one requesting the court to adjourn proceedings briefly to allow for consultations on the matter.

But the tone of the lawyer angered the magistrate who told him to stop directing the court.

"I am the one in charge of the proceedings hence you cannot direct me on what to do," said Mr Obuto.

He later directed that Mr Kephas and Mr Amek be arraigned at 3pm Wednesday.