Migori County Governor[ Photo:Okoth Obado]
The court will today rule whether it will allow the DPP to abduce 500 new documentary evidence in Migori Governor Okoth Obado’s graft case.
The DPP has told the court that they intend to introduce 500 new documents as evidence in the trial.
The court will also determine whether it will allow the DPP to amend the charge sheet so that Obado and his co-accused can take a plea afresh.
The court will also determine whether it will allow the DPP to amend the charge sheet so that Obado and his co accused can take plea afresh.
The DPP told chief magistrate Lawrence Mugambi that it will be important to allow their application before court.
“We are seeking to be allowed to amend the charge sheet and be allowed to supply additional documents. We pray that this application is allowed so that justice is met and that the application is made in good faith in compliance with the law,” the DPP said.
Lawyer Kioko Kilukumi, representing Obado, said they were not opposed to the application.
However, lawyer George Kithi representing Jared Kwaga opposed the application, saying it was against the law in the matter to amend the charges and that it is against Article 50 of the Constitution.
“I have not seen anywhere in the affidavit where it has been pointed out that the charge sheet is defective,” Kithi said.
He said the court had no basis in the law to allow the amendment of the charge sheet as had been asked by the prosecution.
During his examination, EACC investigating officer Robert Ronoh told Mugambi that Obado stole Sh2.6 billion during his first term in office.
“We received information from the intelligence department of the EACC that the allegation was of misappropriation of public money at the county of Migori, whereby companies that are associated with close family members were awarded tenders to the tune of Sh2.6 billion between 2013-14 and 2016-17 financial years,” he said.
The court was also told that 23 companies of interest were registered a few months after the 2013 general election, when Obado was elected governor.
Ronoh said the companies are linked to family members, friends and close associates of the governor.
Obado and his proxies allegedly benefited from the funds through 23 trading companies that were awarded tenders by the county government.
However, Obado, his four children and other accused persons have denied the charges.