Migori Governor Okoth Obado returns to court today seeking to be released on bail pending trial for the murder of university student Sharon Otieno.
Obado has denied charges of murdering Sharon on September 3 at Kodera Forest in Oyugis, Homa Bay County.
Obado, his personal assistant Michael Oyamo and Migori County clerk Caspal Obiero are jointly chargedwith the murder of Sharon and her seven-month-old foetus, Baby Sharon.
The governor has been in custody since September 22.
Political career
His fate lies in the hands of Lady Justice Jessie Lesiit, who can either rule to release him and his co-accused on bail or send them back to remand.
Should the judge deny them bail, it would compound matters for Obado and further threaten his political career.
Justice Lesiit had declined Obado’s first application for bail on September 27. In his second application, Obado pleaded through lawyers Nicholas Ombija, Cliff Ombeta and Rodgers Sagana for the judge to reconsider her earlier decision.
The lawyers are optimistic that their client will be granted bail this time.
“The main reason he was denied bail was because the prosecution had not supplied the committal bundle and exhibits they will rely on. But since all these have been supplied, there is no compelling reason to deny him bail again,” said Ombija.
Mr Ombija submitted that Obado’s continued detention at Industrial Area Remand Prison had caused him and his family much suffering. He said Obado would not interfere with witnesses if released.
The lawyers said the governor was facing serious health problems that could only be addressed if he was out on bail.
“He has a severe spinal problem, which needs constant medical attention. Since the prosecution has secured all evidence, the governor has no intention of interfering with anyone and will abide by all conditions set by the court,” said Mr Sagana.
Neville Amollo, the lawyer for Oyamo, accused the prosecution of using evidence reserved for trial to deny the accused bail. He urged the court to disregard the materials since they did not constitute any compelling reason to warrant his client’s continued detention.
Relying on hearsay
The lawyers also accused Sharon’s mother, Melida Auma, of relying on hearsay in her affidavit opposing the suspect’s release, stating that she has no role to play at the preliminary stages of the case.
The prosecution, led by Deputy Director of Public Prosecution Jacob Ondari and Alexander Muteti, opposed the application to release the three suspects on bail, arguing that the seriousness of the offence might make them abscond court.
According to the prosecutors, Obado is influential in Migori and will interfere with witnesses.
“The fact that their names do not appear in some of the witness statements does not mean we have a weak case and that we will not prove the murder on circumstantial evidence. We are not just opposing bail but saying the rights must be balanced to give justice to the victim,” said Ondari.
Sharon’s family lawyer Wairimu Kamau also opposed the bail application.
