The High Court ruled against an application by the Director of Public Prosecutions in the corruption case against Busia Governor Sospeter Ojaamong has been dismissed.
DPP suffers lose in governor's corruption case
Setback for DPP in corruption case
On Wednesday, the court noted that the State was geared towards pre-emptying production of exhibits by the defense which has been identified by the prosecution witnesses.
Disclosure of evidence
Justice John Onyiego noted that although disclosure of evidence by the prosecution is a continuous process, it should be used only where justice demands.
He further stated that due diligence should be exercised in adducing the same in advance before commencement of the trial.
The court heard that no application was made before the trial court seeking to call for additional evidence.
Application is not merited
Judge Onyiego ruled that the application is not merited and orders issued that the file is returned to the trial court for proceedings to continue as scheduled.
In the Ojaamong case at the High Court, the state expressed its discontent with a ruling from the Anti-Corruption court which barred them from introducing the evidence.
According to Ogoti, any new evidence gathered would have formed part of a new court case so was therefore disallowed in their application.
Governor Ojaamong together with nine others is facing charges of engaging in a scheme to defraud Busia County government of Ksh8 million.
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