BY NT CORRESPONDENT.
High Court has issued conservation order of 26.2 million held in account that belongs to the wife of Homa Bay County Assembly Clerk.
Judge Hedwig Ong’undi of Anti-Corruption Court ruled that the money held in the account of Eveline Awino Ogutu/ T/A Nyangume Enterprise at Equity Bank be preserved.
“There shall be an order for conservation of money held at Equity Bank in the name of the 2 defendant/respondent (Eveline Awino Ogutu/ T/A Nyangume Enterprise)”. Ruled Judge Ong’undi.
The judge also in her 25 ruling delivered yesterday directed the case to be heard fully and a determination made as soon as possible so that if there was any wrong doing , the subject county Assembly gets what is rightfully theirs unconditionally.
According to the ruling, it is not in dispute that the Bob Kephas Otieno and Eveline Awino Ogutu are husband and wife as per Otieno declaration of income , assets and liabilities form.
“Bob Kephas Otieno being an accounting officer was in charge of approving all the payments with full knowledge that Nyagume Enterprise belonged to his wife, he went ahead to approve millions of public money to her for services believed not to have been rendered”. Ruling state.
The amount in question is 26,272,460 million which was paid within a period of five months as reflected in the Eveline Awino Ogutu/ T/A Nyangume Enterprise business bank account in the nine transaction .
While opposing the application by EACC,Eveline Awino Ogutu through her replying affidavit dated 30th of May 2016, she confirmed to be the proprietor of Nyangume Enterprise. She termed the application by EACC as misconceived and I’ll advised.
She told the court that, she applied for the tenders at the County Assembly of Homa Bay and succeeded through competitive procurement process. She said payments made by the county assembly to her were in respect of goods delivered by her.
EACC investigator Willy Mutuku investigated allegations of embezzlement of funds in the County Assembly of Homa Bay. Investigation established that the Eveline Awino Ogutu who is the proprietor of Nyangume Enterprise is a wife to Bob Kephas Otieno who is a clerk to Homa Bay County Assembly.
They believe the clerk largely influenced the transfer of money into the 2 respondent account, by authorizing the same with full knowledge that he had not offered any services to the county assembly.
