By ADEN KIPRUTO
Bomet Governor Hillary Barchok has approached Director of Public Prosecutions (DPP) Renson Ingonga seeking to have a Sh2 million corruption case against him settled out of court.
The development emerged when the case came up for mention before the Milimani Anti-Corruption Court, with the Office of the DPP seeking more time to obtain directions from Ingonga on whether negotiations for an out-of-court settlement should be accepted.
State prosecutor Dr Bore told Principal Magistrate Celesa Okore that the prosecution was awaiting instructions from the DPP regarding the request by the accused persons.
“My instructions, we are still waiting for directions from the DPP, Renson Ingonga. We will update the court before the next hearing date. As of today, we are yet to receive the directions from the DPP on the review of charges,” Bore told the court.
The mention had been scheduled to update the court on the outcome of consultations over the proposed out-of-court settlement and the DPP’s position on the request to review the case.
The defence team, led by lawyers Edward Ooge and Julius Anyoka, did not oppose the prosecution’s request for additional time but urged the court to retain the hearing dates already scheduled for September.
Ooge told the court that the defence was not opposed to the DPP being given time to make a decision on whether to withdraw or review the case, but asked that the prosecution remain prepared to proceed should the negotiations fail.
Magistrate Okore subsequently directed that the case proceed to hearing unless there were new developments from the DPP before the scheduled dates.
“If there will be any positive or new developments from the DPP before the next hearing dates, parties are allowed to move the court accordingly,” Okore ruled.
She further directed the prosecution to ensure witnesses were available on the hearing dates in case the parties failed to reach an out-of-court settlement.
“The prosecutor is advised to avail witnesses on the hearing dates should parties fail to reach an agreement on the review process,” the magistrate said.
The court extended the existing bond terms for all the accused persons and fixed September 16, 2026, as the next hearing date.
The push for an out-of-court settlement follows a request made by Barchok and his co-accused to the DPP last month seeking a review of the charges and settlement of the criminal proceedings.
Seven charges
Barchok is facing seven charges alongside Evans Kipkoech Korir and Chemasus Construction Limited over an alleged Sh2 million transaction linked to contracts awarded by the Bomet County Government.
The prosecution alleges that Barchok acquired an indirect private interest worth Sh2 million in tenders awarded to Chemasus Construction Limited for routine maintenance of the Kimenderit-Kotoibek-Olbutyo Bridge Road and the hire of a grader.
He is also accused of acquiring proceeds of crime after allegedly receiving Sh2 million from Chemasus Construction Limited on March 10, 2021.
Prosecutors further allege that the money was subsequently transferred through several transactions in an attempt to conceal its source.
The charges facing the accused include conflict of interest, acquisition and use of proceeds of crime and money laundering.
Barchok, Korir and Chemasus Construction Limited have denied the allegations.
The Governor is currently out on a Sh15 million bond or Sh5 million cash bail, while his co-accused were released on separate bond and cash bail terms.
The court’s decision to retain the September hearing dates means the prosecution must be ready to proceed with the case should the DPP decline the request for an out-of-court settlement or fail to issue new directions before the hearing.
