It is another blow for the Director of Public Prosecution (DPP) after high court dismissed his appeal against orders barring EACC from carrying out more investigations in Sh 8 million graft case against Busia governor Sospeter Ojaamong.
Justice John Nyabuto Onyiego dismissed the DPP application saying the trial court has wide powers to admit or not to admit certain evidence subject to the rules of evidence on admissibility.
The state wanted the trial court to allow them to carry out more investigations and present more evidence in the matter.
The judge ruled that he did not find anything illegal, incorrect or improper in the trial court’s holding and finding.
It was his view that the prosecution’s investigations in the alleged forgery of documents would form basis of separate case.
Lawyer Dunstan Omari had made an application seeking to block the EACC from probing matters already before court.
Omari argued that the documents in question are public documents which are printed and gazetted and do not need verification.
Trial court ruling
Trial magistrate Douglas Ogoti had ruled that the move by EACC to investigate a matter that is already before court is bent to interfere with the process of the trial and also with the integrity of the trial itself.
” The continued investigation by the EACC is bad faith since the investigations came to an end when the governor was charged and trial is almost over” the court said.
According to Ogoti, there cannot be an investigation on the subject before the court without express permission of the court.
So far, 18 witnesses have been called and only the investigating officers who are not more than two are remaining.
Ojaamong is charged alongside three other Busia County officials over Sh 8 million irregular waste disposal tender award to Madam R Enterprises.
They denied the charges and were released on a Sh 1 million cash bail.
