BY NT CORRESPONDENT.
Ethics and Anti Corruption Commission (EACC) has suffered a major setback.
This is after court barred the agency from carrying out investigations in a case facing Busia governor Sospeter Ojaamong.
“The application dated 14 November 2018 is allowed to the of barring the EACC or any other officer acting under its instructions from conducting any investigations pertaining to the subject matter pending hearing before this court (this case) of the purpose is for use in this case”. ruled Ogoti.
Anti Corruption Court Chief Magistrate Douglas Ogoti issued the order barring further investigation on grounds that the matter is still before court.
” The continued investigation by the EACC is ban faith since the investigations came to an end when the governor was charged and trial is almost over” the court said.
The order by the court came after Ojaamong his lawyer Danstan Omari made an application seeking to block EACC from probing matters pending before the court.
” There cannot be an investigation on the subject before the court without express permission of the court”. said the magistrate.
In his ruling, Ogoti said no party in tbe proceedings is allowed to go behind the back of the court in this case EACC which is an investigative agency to investigate a matter pending before it without the knowledge of the court.
He further said EACC move was bent to interfere with the process of the trial and also with the integrity of the trial itself.
Magistrate added that, the court will restrict itself to the fact that have been submitted to it for investigations by the prosecution and the defence.
He said documents marked for identification by defence is evidence submitted to the court for investigations as per the requirement by the definition of the term ‘evidence’ in evidence Act.
” The prosecution seems to be in a dilemma on how it was obtained “. Said the magistrate.
A witness in anti graft case against the governor has denied having recorded statement with Ethics and Anti corruption commission.
The former acting executive officer Grace Matinde Mchuma, told trial magistrate that officer from EACC only questioned her about the procurement of the solid Waste management and asked her to sign what he had recorded.
The witness who is blind could not record the statement nor did she goe through what the officer had recorded.
She recalled having attended the 44th executive committee meeting on 7 May 2014 where where Solid Waste Management was discussed and adopted by the Cabinet.
While being cross examined by the defence lawyers, she said that the County Government indeed entered and signed Memorandum of Understanding with. Madam R. enterprises, the company that was to offer services.
Governor Ojaamong and five others members of County executives have been charged with conspiracy to defraud the county of Sh 8 million by , engaging in projects without proper procurement process.
