Migori Governor Okoth Obado and his co-accused want an advocate disqualified from representing the family of murdered student Sharon Otieno in the trial that opens in December.
In an application to be heard in two weeks, Mr Obado, Mr Michael Oyamo and Mr Caspal Obiero said they want lawyer George Wajackoyah out of the case.
The application was to be heard on Monday before Justice Grace Ngenye, but lawyers representing the accused sought more time to file more papers, in reply to an affidavit of opposition Prof Wajackoyah filed.
In documents before the court, Mr Obado said he had instructed the advocate to act for him after he assured him that he had been cleared to participate in the case by the Director of Public Prosecution and the Director of Criminal Investigations, both of whom he does consultancy work with.
Mr Nicholas Ombija represented Mr Obado.
The Migori boss said the advocate paid him a visit at Gigiri Police Station on September 23, 2018, two days after his arrest, and sought his instructions on the case.
Mr Ombija said in a sworn statement that Prof Wajackoyah's continued representation of the victims was "likely to result in breach of the right to a fair trial and a miscarriage of justice against the applicant”.
In reply, the lawyer said he was surprised by the application and the allegations and that to sum it all up, it was a clear affront to the right of the victims to have representation by an advocate of their own choice.
The application will be heard on November 27.