Blow to Ojaamong as court allows evidence

The High Court has dismissed an application by Busia governor Sospeter Ojaamong, seeking to stop the prosecution from using certain documents in his graft trial.

Justice Mumbi Ngugi said in the ruling 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,” the Judge said.

Mr Ojaamong had contested the use of five documents, relating to county’s budget proposals in 2014, 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 said the documents being used by the investigating officer 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 Mr Ojaamong moved to the High Court.

The trial magistrate is set to rule whether Mr Ojaamong and five others have a case to answer after the prosecution closed its case.