Okoth Obado given 11 more days behind bars

Migori Governor Okoth Obado (left) is embraced by his lawyer Cliff Ombeta at the Milimani Law Courts, Nairobi, on October 12, 2018 during his bail hearing. Obado is accused of murder. PHOTO | JEFF ANGOTE | NATION MEDIA GROUP

What you need to know:

  • The trio have been charged with the murder of Rongo University student Sharon Otieno and her unborn child.
  • Sharon’s mother, Ms Melida Auma, had urged the court to continue holding the accused, citing threats to her family.

High Court judge Jessie Lesiit on Friday said she will deliver the ruling on Migori Governor Okoth Obado’s bail application on October 24.

Mr Obado, having been arrested on September 21, is being held at the Industrial Area Remand Prison.

The judge announced the date noting it will be the earliest as per her diary.

The governor’s personal assistant Michael Juma Oyamo and County Assembly clerk Caspal Obiero have to suffer the same fate as their boss even though they were arrested earlier.

The trio have been charged with the murder of Rongo University student Sharon Otieno and her unborn child.

FAMILY

During the bail application hearing on Friday, the trio, through their lawyers, pleaded with the court to have them freed pending trial.

“Bail is a fundamental right, every accused person is presumed innocent until proven guilty. The accused persons, especially the governor, were arrested due of public pressure,” Mr Nicholas Ombija said.

Mr Ombija, a former judge in the High Court’s criminal division, led the defence team in pleading for the trio’s release.

The lawyers argued that all the three are married men with children, which means that they will not attempt to leave the country in trying to abscond trial.

The defence team also pointed a finger at the prosecution for having their clients remanded for so long with the excuse that they needed to record witness statements before they are considered for release.

The lawyers argued that 24 witness statements indicate that they were recorded before all the accused were arrested.

THREATS

Sharon’s mother, Ms Melida Auma Rangili, had urged the court to continue holding the accused, citing threats to her family.

She noted her family member was attacked, robbed and threatened, but the defence dismissed the argument.

The prosecution opposed the bail application. “We are saying bail is not an absolute right, bail is not mandatory,” State lawyer Jacob Ondari said.

“The consideration for bail depends on the seriousness of the offence, likely punishment and the possibility of interference. These are factors to be considered for denial of bail, we have opposed this bail.”

Sharon’s family together with the Federation of Women Lawyers (Fida) supported the denial of bail.

Through Prof George Wajackoyah, they stressed on the prosecution’s bid to continue detaining the accused.

“Nothing has been presented before you by the accused that is serious. Therefore, this application for bail must fail,” he told the judge.