The Director of Public Prosecution has asked the court to dismiss the application by Busia Governor Sospeter Ojaamong seeking to declare his corruption case a mistrial.
The DPP through prosecutor Grace Murungi said that the move by the governor and his co-accused persons is an effort to avoid their ongoing trial in Sh 8 million waste management corruption case
This, according to the state, is due to the accused persons’ inability to mount any credible defense to the charges they face and the evidence presented against them during the course of the trial.
“The prosecution avers that this petition is res judicata and fits the bill for dismissal on that basis and it is nothing more than an abuse of the process of the court,” said the DPP.
Governor Ojaamong filed the petition at the high court several days ago saying that he had suffered a mistrial when the prosecution lawyers threatened and intimidated his witness making him feel uncomfortable proceeding with his evidence. High court issued an order temporarily stopping his trial.
The prosecution also said that the petitioners are recording the proceedings for the consumption of their witnesses, for purposes of witness coaching, which they argue is irregular and unlawful.
Prosecutor Murungi also noted that there is no misconduct at all, nor any procedural error that has occurred in the proceedings to warrant a mistrial in the case.
According to the prosecution the accused persons have litigated on the same matters and issues that they are raising, a clear abuse of the process of the law.
The trial court found the Governor and his co-accused with a case to answer back in May 2020.
The Co-accused are County Executive Committee member Bernard Yaite, Finance Chief Officer Allan Ekweny and treasury head Samuel Ombui, Timon Otieno, Leonard Wanda, Madam R Enterprises and its directors Edna Adhiambo, Renish Achieng and German national Sebastian Hallensleben.