Graft suspects fail to take plea as magistrates recuse themselves

Homa Bay Law Courts. [James Omoro, Standard]

Six graft suspects, including former senior Homa Bay county government officials, implicated in alleged Sh348.9 million tender fraud, failed to take a plea before Homa Bay Law Courts.

This is after two magistrates recused themselves from the case.

The suspects are former Homa Bay County Assembly clerk Daniel Kaudo, his former successor Faith Apuko, former Senior Superintendent Quantity Surveyor in the Statement of Public Works Patrick Tunoi, former county executive committee member for Lands Roseline Odhiambo, the director of Hertland Enterprises Ltd James Oyukah, and his wife Mary Oduor.

Chief Magistrate Jecinter Orwa cited conflict of interest in hearing the case.

“The court notes that there is a conflict of interest in this case,” she ruled.

Orwa said another magistrate who could also handle the matter was an immediate neighbour of some of the accused persons in the case.

“The incoming court number two was also contacted, as much as she is on leave but it has also been noted that they are immediate neighbours where she resides in Homa Bay Town. That also complicates matter,” she said.

The Chief Magistrate ordered the file to be taken to the Homa Bay High Court Judge for further directions on the case.

“This file is going to be placed before the presiding judge of Homa Bay High Court for further directions,” she ruled.

Homa Bay Judge Olga Sewe directed that the case be heard in Kisii Law Courts.

Sewe said that Homa Bay Law Courts could not handle the case after the two magistrates recused themselves.

 “The court directs that the suspects be taken to Kisii court,” the Judge ruled.

The officials are accused of awarding a tender for the construction of the county assembly offices block to Heartland Ltd, whose directors were employees of the county government of Homa Bay.

They are also accused of entering into a contract with the firm without a valid performance guarantee, leading to unlawful payment of Sh66.7 million.

EACC indicated that upon conclusion of the investigations, it forwarded the investigation file to the Director of Public Prosecutions who approved charges against the suspects.