Blow for EACC as court bars fresh probe in Ojaamong case
The Ethics and Anti-Corruption Commission has been barred from conducting fresh investigations into Busia Governor Sospeter Ojaamong and eight others linked to a Ksh.8million graft case.
This follows a ruling by Milimani Chief Magistrate Douglas Ogoti who ruled that the move by the EACC to probe the accused persons afresh is meant to interfere with the case pending before court.
“The move by the EACC is meant to interfere with the process of this trial and also with the integrity of the trial itself.
“Hence the Ojaamong application is allowed to the extent of barring the EACC or any other officer acting under its instructions from conducting any investigations pertaining the subject matter pending before this court if the purpose is for use in this case,” ruled Ogoti.
According to him, the case will never end since the witnesses will have to be recalled to refer to the new evidence.
18 witnesses have so far testified and only two are remaining.
The anti-graft agency informed the court that they commenced investigations on November 12, 2018 to verify documents supplied by defence marked DMFI 1 to DMFI 17 the hearing of the case.
Through an affidavit filed in court by investigating officer Timothy Wahome, EACC claimed that the same documents had not been availed to them.
Apparently they were only availed by the defence during the cross-examination of the prosecution witnesses.
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