BY SAM ALFAN.
It is a big loss for Busia governor Sospeter Ojaamong after the High Court declined his bid stop the DPP from using certain documents in his graft case
Justice Mumbi Ngugi in her ruling said that there was no right of appeal, at the preliminary stage, in relation to the admissibility or otherwise of documents, in a matter pending before a trial magistrate.
“In the circumstances, it is my view that the present appeal is improperly before me and i here by dismiss it ,” ruled the judge.
This is after Ojaamong petitioned the high court contesting the use of five documents, relating to county’s budget proposals in 2014 as evidence in his Sh 8 million , arguing that its authenticity cannot be verified.
According to the Busia county boss, the investigating officer had different set of documents, from which the prosecution was using.
He argued that the documents being used by the investigating officer should be struck out as they were drafts and not actual budget documents.
His opposition to the use of the documents was dismissed by trial magistrate Douglas Ogoti and the case proceeded, as Governor Ojaamong moved to the High Court
The trial magistrate is set to rule whether Ojaamong and five others have a case to answer after the prosecution closed its case in late Febtuary this year.
Ojaamong has been charged alongside Bernard Yaite,Allan Ekweny, Samuel Ombui, Leonard Wanda and Edna Adhiambo. They have all denied charges of conspiracy to commit an economic crime, abuse of office and engaging in a project without proper planning.
The charges against Achieng and Sebastian Hallensleben were suspended because they were out of the country.
It is alleged that the Busia Governor and the officials engaged a company known as Madam R Enterprise to conduct a feasibility study on waste management, yet it had not been budgeted for it.
They faced other charges including willful failure to comply with the law relating to management of public funds and fraudulent acquisition of public property.
