The hearing of a case in which the County Government of Homabay allegedly lost over Sh348 million failed to start before a local court Monday, after the presiding Magistrate recused herself, citing a conflict of interest.
Homa Bay Chief Magistrate Jacinta Orwa declined to handle the case, noting that some of the accused were her neighbours.
The Office of the Director of Public Prosecutions (ODPP) last week recommended the prosecution of six individuals, who are linked to the loss of the said public funds.
The suspects are former County Assembly Clerk Daniel Kaudo, former acting clerk Faith Apuko and Senior quantity surveyor at the State Department of Public Works, Patrick Tunoi.
The others are Hartland Enterprises Limited Director James Oyuka, Principal nurse at Homa Bay Referral Hospital Mary Oduor, and former Lands Executive Roseline Odhiambo.
The ODPP received an inquiry file from the Ethics and Anti-Corruption Commission (EACC) regarding investigations into alleged procurement irregularities involving the said officers.
Orwa directed that the case be transferred to Homa Bay High Court for directions.
“It is in the interest of justice that this file be placed before the presiding Judge, Homa Bay High Court, to direct or appoint a court with competent jurisdiction to handle the matter,” Orwa ruled.
Homa Bay has no anti-corruption court which handles such cases.
By Davis Langat
