Ojaamong given final chance to file submissions in Sh8m graft case

Former Busia Governor Sospeter Ojaamong faces charges of conspiring to embezzle Sh8 million. [File, Standard]

Former Busia Governor Sospeter Ojaamong and eight others have been given a final chance to file submissions in Sh8 million graft case.

Milimani Anti-Corruption Court Chief Magistrate Harrison Baraza on Tuesday extended the deadline for the accused to file their submissions, before the court rules on the matter.

The case involves allegations of corruption related to the misuse of public funds. Ojaamong and his co-accused face charges of conspiring to embezzle the Sh8 million, which was intended for a development project.

Chief Magistrate Baraza gave the accused until February 17, 2025, to submit their pleadings.

The court order came after the defence lawyer sought 30 days to file the pleadings saying they have so far written about 80 pages of submissions urging the court to acquit them on grounds that the prosecution has failed to establish a prima facie case against them.

The court last year closed the trial against the former county boss, Bernard Aite, Leonard Wanda, Allan Omachari, Samwel Oseko, Edan Odoo, Renish Omullo, Sebasian Hallensben and Madam R Enterprises (MRE) after they submitted their defence in the corruption case.

This is after they were found with a case to answer and put on their defence on May 29, 2020, by the then trial magistrate Douglas Ogoti.

In his ruling, Ogoti ruled that with the evidence on record, the prosecution has established there is a case against the nine and called upon them to rebut the charges.

In the case the Director of Public Prosecutions called 20 witnesses and produced 50 documents in the case.

Ojaamong is separately charged with engaging in a project without prior planning and abuse of office.

Others are accused of fraudulent acquisition of property, failure to pay taxes amongst others.

According to the prosecution's case, Ojaamong on April 1, 2014 travelled to Germany in the company of officials from the county on a fact-finding mission to study new technologies on solid waste management.

The trip fully funded by MRE Limited but the various plans on waste management were not by MRE and its directors Renish and Sebasian.

The prosecution in its written submissions indicated that seven days after, Ojaamong executed an MoU between MRE Ltd and the county government of Busia, whereby the county was to pay Sh8 million to MRE for a feasibility study on solid waste management for the county government of Busia.

However, at the time of signing the MoU, MRE was not in existence as the same had not been incorporated.The company came into existence on July 8, 2014.

While defending himself in court Ojaamong denied the allegation, saying that no money was lost in the Sh8 million solid management project.

The governor, who took to the stand the second day to defend himself in the corruption case where he is charged alongside eight county officials, told that due procedure was followed in the procurement for the project.

The prosecution had accused the governor of intentionally entering into a memorandum of understanding while in Berlin Germany on April 7, 2014, yet he knew the study had not been budgeted for in the year 2013/2014.

He allegedly entered into the MoU for a feasibility study on solid waste management which was to be carried out by Madam R enterprises even though the firm was not procured procedurally.

It emerged the county paid Sh8 million to a company whose registration indicated its business was to buy shoes and operate hardware.