Judge Odek to be State witness against Ojienda

Appeal Court Judge James Otieno Odek is not being investigated in connection with the Mumias Sugar Company case that saw the arrest of lawyer Tom Ojienda, the top Prosecutor said on Monday.

A statement released from the Office of the Director of Public Prosecution however noted that Justice Odek would be a key witness in the case.

“Investigations into the matter have concluded and a decision to charge Prof. Tom Ojienda made on the available evidence.

“Indeed Prof. James Otieno Odek (JA)  was not in any way involved in the matters giving rise to the prosecution of Prof. Tom Ojienda and is therefore not criminally culpable,” DPP Noordin Haji said.

His statement comes in the wake of reports last week that followed the arrest of Prof. Ojienda; it was said that police were now searching for the Court of Appeal judge.

The DPP sought to clarify that though the two were once partners in the same law firm: Professor Tom Ojienda and Wanyama Advocates, he is not being probed in the Mumias Sugar scandal but voluntarily offered a statement to investigators.

Prof. Ojienda is to be arraigned on Monday morning over the loss of Ksh.89million from Mumias Sugar Company.

He is accused of faking court proceedings to obtain money as legal fees from the sugar miller.

The advocate is facing charges of fraud and obtaining money under false pretences together with his co-accused Peter Kibati (ex-finance director) and Emily Otieno (ex-company secretary).

They will also answer to charges of abuse of office and uttering false documents.