, NAIROBI, Kenya, Dec 31 – The Director of Public Prosecutions Noordin Haji says Court of Appeal Judge James Odek is not under investigations over the Mumias Sugar Company saga.
Through a statement, Haji said that the Judge was in no way involved in the matters giving rise to the prosecution of lawyer Tom Ojienda who has since been arrested and taken to court over the matter.
“I wish to confirm that indeed Professor James Otieno Odek, Judge of Appeal was a partner in the firm of professor Otieno Odek – Professor Tom Ojienda and Wanyama Advocates,” he stated.
“However, investigations into the matter have been concluded and a decision to charge Professor Tom Ojienda made on the basis of the available evidence. Indeed, Professor James Otieno Odek was not in any way involved in the matters giving rise to the prosecution of Professor Tom Ojienda and is therefore not criminally culpable,” he stated.
The DPP however revealed that after making a statement in connection with the saga, Justice Odek will be a prosecution witness against Ojienda.
Haji reiterated that the decision to charge Ojienda was made on the basis of proof and amongst the charges against him include filing a fake case and conspiring to receive payment for work not done.
“I wish to reassure the country that we shall wage the war on corruption independently and at no time shall we succumb to the whims of any particular sections of our society and we shall present cases before our courts on the basis of evidential and public interest considerations and nothing else.”
Ojienda had indicated that he has never obtained money by false pretenses and described himself as a person of integrity saying that all his records with the Mumias Sugar Company are intact.
He also stated that he has never conspired with anyone to be paid for work not done and read malice in the charges proffered against him.
Ojienda’s arrest followed a protracted court battle with the Kenya Revenue Authority over tax compliance.