Suspects in Migori graft case freed on bail

Migori Speaker Boaz Okoth, his deputy Mathews Chacha and 15 other county assembly officials have been released on a cash bail of Sh300,000 each after pleading not guilty to corruption charges.

One suspect was, however, released on a cash bail of Sh200,000 after he made a presentation hinged on his family life.

As an alternative, Kisumu Chief Magistrate Peter Gesora gave a directive that each of the accused persons be released on a Sh3 million bond with a surety.

“The right to freedom is enshrined in the supreme law. It cannot be taken away unless there are compelling reasons and this has not been demonstrated,” he said while delivering the verdict on Wednesday.

He pointed out that the prosecution led by Mr Mokaya Nyakundi also had an opportunity to address the court and did not object to bail. 

The 18 spent the night in various police cells in Kisumu County after they were charged with misappropriation of funds.

The accused, who appeared before the Kisumu court on Tuesday evening, faced 11 counts, one of which was conspiracy to commit an offence of corruption contrary to the law.

Apart from the speaker and his deputy, the others were Members of the County Assembly Ronald Asiga, Nicholas Ngabiya Rioba (Tagare Ward) and Clifford Jobando, Assembly Clerk Tom Opere, his deputy Emmanuel Aballa, Supply Chain Manager Steve Okello and public service board member Brian Osodo.

Mrs Joan Atieno, Mr Willis Onyango, Mr James Nduati, Mrs Lucy Wanja, Mr Steve Omondi, Mrs Mereza Atieno, three companies M/s Gumba Contractors Limited, M/s Travel Times Leader Company Limited and MC Pamawe Contractors Limited were also part of the accused.

The Speaker, his deputy, County Assembly Board members and supply chain officer were charged with conspiring to misappropriate Sh10,149,037 between May 23, 2019 and July 15, 2019 in Migori.

Other charges were, willful failure to comply with the law relating to management of public funds contrary to section 45 (2)(b) of the Anti-Corruption and Economic Crimes Act, abuse of office, and willful failure to comply with the law relating to procurement.

The directors of the companies were charged with fraudulently acquiring public property.

The accused were represented by six lawyers -- Mr Bruce Odeny, Mr Nelson Jura, Mr Erick Ojuro, Dr Paul Ogendi, Ms Phoebe Ojwang and Mr Geoffrey Okoth.

Mr Jura, however, raised concern with the manner in which the accused were treated by DCI officers who they claimed drove their clients all the way from Migori to Kisumu after falsely telling them that they would be presented in Kisii.

“Your honour, there were instructions that they be produced tomorrow in court and the delay and the games by the DCI amounts to frustration of our clients so that they lack representation,” said Mr Jura.