Former Busia Governor Sospeter has filed a complaint with the Judiciary Service Commission (JSC) against Chief Magistrate Douglas Ogoti, who prosecuted his graft case while he was in office.
In the letter penned on August 1, the former governor faulted the chief magistrate for mishandling the case and urged the commission to investigate him for abuse of office and misconduct.
Ojaamong accused the magistrate of ruling that he had a case to answer instead of dismissing a case where he had been accused of misappropriating Ksh8 million, despite 20 witnesses exonerating him.
While still the governor in 2014, Ojaamong relayed that the Ethics and Anti-Corruption Commission (EACC) launched an investigation against him on suspicion of conspiring to confer a benefit of Ksh8 million to a private company for work not done.
By the completion of the investigation, four years later, the EACC had reportedly interviewed 20 witnesses, after which he, alongside eight others, was charged in court, and Chief Magistrate Ogoti took over.
"The 20 prosecution witnesses were called by the prosecution to testify in the matter. They all exonerated me and the 8 other accused from any wrongdoing, improperly conferring a benefit of Ksh8,000,000 to Madam R Enterprises Limited. I would have expected the case to be dismissed at this stage," he stated.
"To my surprise and shock, the magistrate handling the case, one Hon. Douglas Ogoti, put me and eight (8) others accused on our defence."
Ojaamong relayed that the judge determined that the prosecution had proved beyond any reasonable doubt that there was a prima facie case against him and his 8 co-accused.
This was also despite the lead investigator testifying that he had gathered no evidence that Madam R. Enterprise Limited had improperly conferred/paid a benefit of Ksh8 million.
"How then could there be a prima facie case against me and the eight other accused when all the 20 prosecution witnesses and the investigating officers tendered no evidence incriminating me and the eight other accused persons?" he quipped.
"The purpose of this letter is therefore to request you to investigate Chief Magistrate Hon. Douglas Ogoti on the abuse of office/gross misconduct and therefore find him unable to discharge his duties professionally, thus not fit to hold any office in the Judiciary or any other public office."
On May 16, 2025, Ojaamong was finally acquitted of the graft case with Chief Magistrate Eunice Nyutu citing insufficient evidence.
“After the entire comparison and consideration of the evidence, I find that the prosecution failed to prove all the charges,” Nyutu stated. “Pursuant to Section 215 of the Criminal Procedure Code, I acquit all the accused persons accordingly."
