, NAIROBI, Kenya, Oct 19 – The prosecution in the Sh8million anti-corruption case against Busia Governor Sospeter Ojaamong has suffered a setback after a witness denied recording a statement to indict him.
The Busia County Secretary Nicodemus Mulako told High Court judge Douglas Ogoti that the statement shown by the prosecution was not recorded by him.
Mulako stated that by the time the statement was written, he had not joined the County government.
The defence team led by lawyer James Orengo and Danson Omari told the court that the witness cannot by law be allowed to testify using an unsigned statement that was not recorded by him.
The lawyers questioned the veracity of the statement and asked the prosecution to produce the original statement to prove their case.
The court heard that the prosecution has confirmed the statement is not signed and they have no hand written statement of the witness.
Ojaamong and five others members of the County Executive have been charged with conspiracy to defraud the county by engaging in projects without proper procurement process.
The embattled governor has been indicted alongside Finance Executive Bernard Yaite, Chief Finance Officer Leonard Obimbira, Head of Treasury Accounting Samuel Ombui, Allan Omachari and Edna Odhiambo.
The charges against them state that on diverse dates between March 15 and September 25, 2014 all the accused persons conspired to defraud the Busia county government of Sh8 million by entering into an agreement for a feasibility study on solid waste management.
The prosecution alleges that they engaged a company known as Madam R Enterprise to conduct a feasibility study on waste management, yet it had not been budgeted for.