Obado not opposed to Haji decision to adduce new evidence
Migori Governor Okoth Obado and his four children now say that they are not opposed to the application by the Director of Public Prosecutions (DPP) Noordin Haji to introduce 500 new documents in their corruption case.
Lawyer Kioko Kilukumi who represents Obado yesterday told the trial magistrate Lawrence Mugambi court they were not opposed to the new move by the State to adduce fresh evidence in the Sh73.4 million corruption case against his client.
However, lawyer George Kithi representing Jared Peter Kwaga said to be Obado’s close associate strongly opposed the application by the DPP saying it was against the law in the matter to amend the charges.
Kwaga is said to have opened several companies which were awarded tenders by the Migori county government since Obado was elected as the county boss.
Kithi opposed the application by the prosecution because it goes against Article 50 of the constitution.
He added the intended new charge sheet is overloaded and thus undermined fair trial.
“I have not seen anywhere on the affidavit where it has been pointed out that the charge sheet is defective,” Kithi said.
The lawyer added that said the court had no basis in the law to allow the amendment of the charge sheet as had been asked by the prosecution
In the case, the prosecution through State Counsel Peter Kiprop informed the court they intend to introduce 500 new documents that will be used as evidence in the trial.
“In the course of pretrial proceedings with the witness, we discovered 500 new documentary pieces of evidence which will be vital for the case,” said Kiprop.
Haji also seeks amended the charge sheet so that Obado and co-accused can take fresh plea.
The prosecution told that it will be important to allow their application before court.
“We are seeking to be allowed to amend the charge sheet and to be allowed to supply additional documents,” said Kiprop.
“We pray that this application is allowed so that the ends of justice are met and that the application is made in good faith in compliance with the law.”
The court will on this morning rule whether it will allow the DPP to adduce 500 new documentary evidence before the hearing case proceed.
