Ayacko Now Sues Four Over Sex Scandal Claim

Date: Wed 12th September 2007

Mediahouse: East African Standard

Page: 3


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By Standard Reporter

Rongo MP, Mr Ochilo Ayacko, has sued a high school principal, two journalists and a former manager with a State corporation over claims that he was caught in bed with the principal's wife. Consequently, a Migori court has issued a warrant of arrest for the principal of Kanga High School, Mr Kaunda Ogweno, and two journalists, Mr Leo Odera Omolo and Mr Jeff Otieno, and former parastatal boss, Mr Philip Odero Mak'Abong'o.

Ayacko, through his lawyers, Omonde Kisera and Company Advocates, was authorised by the Attorney General to institute private prosecution against the four people. The Director of Public Prosecution, Mr Keriako Tobiko, had given the lawyer permission to conduct private prosecution against the accused. "The honourable Attorney General had directed me to receive your letter dated September 4, which I do hereby confirm receipt and give you the liberty to institute and undertake private prosecution on behalf of your client," he said.

The former Minister for Energy moved to court under Section 89 of the Criminal Procedure Act and lodged a formal complaint through an affidavit. Migori Principal Magistrate, Mr Ezra Awino, granted leave for the proceedings to be instituted and relevant charges drawn against the accused.

Lawyer Kisera claimed that the four accused had libelled the MP contrary to Section 194 of the Penal Code. He argued that the complainant had been defamed and brought to public odium and scandal. He accused Omolo of publishing a highly libellous article on a website - www.jaluo.com, which he claimed was false and scandalous against the MP. He said the website was widely read internationally.

The lawyer also accused Otieno of taking part in printing and circulating a libellous article about the MP. Mak'Abong'o was accused of uttering defamatory words against the MP at a funeral in Rongo town on August 26. Kaunda was accused of sending short text messages to various people, claiming that the MP was having an affair with his wife.

He was also accused of printing and publishing a defamatory letter about the alleged love affair between the MP and his wife. All the four accused failed to appear in court for the mention of the case. The court summoned Migori OCPD, Mr Edward Mwamburi, to explain why he had not executed the warrants of arrest against the four. Mwamburi, who was supposed to show up at the court at 2pm, failed to appear.

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Last Edited: Wed 12th September 2007 at 02:22:07 PM


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