The Ethics and Anti-Corruption Commission has suffered a major blow after court barred it from investigating the eight million graft case against Busia Governor Sospeter Ojaamong.
In his ruling, trial magistrate Douglas Ogoti said 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 application is allowed to the extent of barring EACC or any other officer acting under its instructions from conducting any investigations pertaining to the subject matter pending hearing before this court (this case) of the purpose is for use in this case”, ruled Ogoti.
The ruling follows an application by the Governor’s lawyer Dunstan Omari seeking orders stopping EACC from investigating the matter already before court.
According to the Magistrate, the investigations are allowed to continue so long as the exhibits obtained will not be used in the case.
“Allowing the prosecution to proceed in the manner in which they are proposing is setting a dangerous precedent as matters in court will never end,” ruled Ogoti.
He said that so far, 18 witnesses have been called and only the investigating officers who are not more than two are remaining.
“The court will restrict itself to the facts that have been submitted to it for investigations by both the prosecution and the defense,” ruled Ogoti.
Ojaamong was arrested after turning himself in at the EACC headquarters over the Sh 8 million irregular waste disposal tender award to Madam R Enterprises.
He is charged alongside three other Busia County officials. They denied the charges and were released on a Sh 1 million cash bail.
