The court has allowed the office of the Director of Public Prosecutions to adduce new evidence in Migori Governor Okoth Obado’s graft case.
This comes after the DPP told the court that they intend to introduce 500 new documents as evidence in the trial.
The anti-corruption court Chief Magistrate Lawrence Mugambi also allowed the DPP to amend the charge sheet so that Obado and his co-accused can take plea afresh.
“The law provides that at any stage before the close of the prosecution case, the charge sheet can be amended if it is realized that it is defective or there are new facts that has come to the attention or knowledge of the prosecution,” he said.
“I do not agree that the prosecution has not demonstrated why there is a need to amend the charge sheet. It is informed by new evidence they have discovered. It is also timely because the prosecution witness number one (PW1) just started testifying and defense will not be prejudiced.”
The DPP told chief magistrate Lawrence Mugambi that it will be important to allow their application before the court stating that there is evidence to prove that the Governor and the other accused persons had a conflict of interest in contracts awarded by the County Government of Migori to different entities.
Obado, through his lawyer, Kioko Kilukumi, said he did not oppose the application, however, lawyer George Kithi representing Jared Kwaga opposed the application, saying it was against the law in the matter to amend the charges and that it is against Article 50 of the Constitution.
“I have not seen anywhere in the affidavit where it has been pointed out that the charge sheet is defective,” Kithi said.
He said the court had no basis in the law to allow the amendment of the charge sheet as had been asked by the prosecution.
Obado has been charged alongside his four children, Dan Achola, Scarlet Susan, Jeremy Zachary and Evelyne Odhiambo with conspiracy to defraud millions of shillings from the county government.