Graft case against Governor Obado fails to kick off over evidence

Migori Governor Okoth Obado [Elvis Ogina, Standard]

A multi-million shillings graft case against Migori Governor Okoth Obado and his four children failed to take off after defence lawyers protested introduction of new evidence.

Director of Public Prosecutions (DPP) had asked the court to be allowed to amend the charge sheet and introduce new evidence, but the lawyers led by George Kithi opposed the application on grounds that it would amount to unfair trial.

The hearing was scheduled to commence yesterday, with the prosecution stating it was ready with one witness.

But according to the defence lawyers, they had been served with more than 500 pages of documents with new evidence which they had not perused to enable them defend their clients.

“We are opposing the application to amend the charge sheet and introduce the new evidence which we have not seen. It will be against the principle of fair trial if the court will proceed with the hearing,” said Kithi.

Anti-corruption court Chief Magistrate Lawrence Mugambi allowed the application by the defence to adjourn the hearing to allow them go through the evidence.

He, however, stated that he was giving the defence lawyers only one day to go through the documents with the hearing set to resume today.

Obado is charged alongside his four children – Dan Achola, Scarlet Susan, Jerry Zachary and Evelyne Odhiambo – with conspiracy to defraud millions of shillings from the County Government of Migori.

Also facing the charges are businessman Jared Oluoch Kwaga, his wife Christine Akinyi Ochola, mother Penina Auma, brothers Joram Opala Otieno and Patroba Ochanda Otieno, and sister-in-law Carolyne Anyango Ochola and their six companies.

They were charged with 28 counts, with crux of the prosecution’s case being that they conspired to defraud more than Sh300 million from the County Government of Migori through deceit, conflict of interest and theft.

In count one, they all faced the charge of conspiracy to commit an economic crime by allegedly embezzling Sh74 million from the county government.

“Between October 2014 and October 2016. within Migori County, jointly conspired to commit an economic crime through unlawful acquisition of public funds in the sum of Sh73,474,376 from the Migori County government,” read the charge sheet.

Obado also allegedly received Sh26 million as kickbacks from contracts awarded to the listed companies and wired the money to his children’s personal accounts.

The governor, alongside Kwaga, his wife, brothers, mother and their companies faced other charges of money laundering in which they were accused of entering into illegal arrangement where they received Sh280 million from the county government while disguising source of the funds.