Fred Outa, Ruth Odinga oppose call to move case to Busia

Kisumu Senator Fred Outa, former Kisumu deputy governor Ruth Odinga and other leaders have filed an application in court seeking to stop their case from being moved to Busia.

Mr Outa, Ms Odinga, Kondele MCA Joachim Oketch and three others indicated that there is no basis for moving the case as they have not  interfered with the witnesses in any manner.

The application comes after witnesses in an incitement case involving the politicians asked for protection for fear of reprisals for testifying against the leaders. The witnesses had gone to the High Court through the Witness Protection Agency seeking transfer of the case to Busia Law Courts, citing security issues.

MALICIOUS DAMAGE

The prosecutor, Ms Jacinta Nyamosi, said an order had been issued by High Court judge Justice Tripsisa  Cherere on February 15 that the matter be heard in Busia County.

The politicians are facing several charges of incitement and disruption of IEBC training.

Other charges are entering an electoral centre without authority, obstructing an election officer from executing lawful duties contrary to Election Offences Act and malicious damage of property.

They are accused of entering an area designated for training of presiding officers in preparation for the October 26, 2017 elections without authority.

Youth disrupted the training of Kisumu Central presiding officers and their deputies and vandalised tents and plastic chairs at Huduma Centre totalling to Sh92,200 belonging to Tausi Design and Promotion Ltd.

CREDIBILITY

Through their lawyer Geofrey Yogo, the leaders want the court to grant them orders to allow the case to continue in Kisumu, stating that it is in the spirit of the Constitution that similar court matters be heard in a court nearest to the place where the purported crimes happened.

“Kisumu has all the legal facilities and infrastructure required to try and determine the case. We are wondering why the DPP does not have faith in having the issue heard in Kisumu,” said Mr Yogo.

In their application, the leaders claimed that the alleged offence occurred in Kisumu and all parties are residents of Kisumu including the witnesses.

Mr Yogo read mischief in the move by the witnesses, stating that it raises questions about their credibility.

COMPLAINT

“My clients have also at no time threatened any witnesses or even communicated with any of them or tampered with any evidence. They are, however, the ones being tortured mentally and physically by the continuous and unreasonable forum shopping by the respondents,” said Mr Yogo.

He said some of the applicants were first charged in Kericho court before they made an application to have this matter to Kisumu Law Court, where they were allowed and the matter transferred to Kisumu for hearing and disposal of the same.

“While this matter was proceeding in Kisumu court, at no time did the prosecution ever raise any complaint that the appellants were harassing witnesses nor tampering with any evidence in their case."

Chief magistrate Julius Ng’arng’ar will hear the matter and petition in May 29.