Sharon Otieno murder case: Governor Obado denied bail

Trouble for Migori Governor Zacharia Okoth Obado seems not to be over after a judge rejected his application to be released on bond.

And now, Mr Obado, who was arrested a week ago over the murder of 26-year-old Sharon Otieno, will have to spend eleven more days at the Industrial Area Remand Prison, as he waits to make another application for his release.

Justice Jessie Lesiit Thursday declined the application for bail saying the court is yet to see the witness statements and documentary evidence to be used in the case so as to make a determination as to whether it was okay to free him on bond.

The judge said that it this stage, the court cannot make a conclusive finding on issues raised by the prosecution, among them the security and the volatile situation in Migori County.

INVESTIGATIONS ONGOING

She also added that the fact that the prosecution said that investigations were still ongoing “cannot be wished away”.

But on the alleged confession made by one of the suspects in court, the judge said it is a matter to be canvassed during the trial.

The alleged confession was made by Mr Jackson Gombe, a suspect.

Mr Obado, through lawyers Cliff Ombeta and Nicholas Ombija, had argued that the offence of murder is bailable under Article 49(1)(h) of the Constitution.

Mr Ombeta had submitted that the governor has a qualified constitutional right to be released on bond on reasonable conditions and that he has a right to be presumed innocent until proven guilty.

He said Mr Obado would make himself available whenever required and is ready to abide by any conditions that will be set by the court.

The governor further said that he has so far cooperated with investigators.

OPPOSED RELEASE

But the prosecution, led by Deputy Director of Public Prosecutions Jacob Ondari, opposed his release, saying Mr Obado is an influential person and most of the witnesses are from Migori.

Some of the witnesses, he said, are county employees and the police are yet to record statements from them.

The prosecution also said it was apprehensive that Mr Obado might interfere with witnesses or suppress investigations.

Mr Obado was charged on Monday with the murder of Ms Otieno, an offence he allegedly committed between September 3 and 4 this year, at Owade in Rachuonyo Sub-County of Homa Bay.

The charge stated that he committed the offence with others not before court.

A third suspect in the murder of the Rongo University student Thursday denied the murder charge before Justice Lesiit.

COUNTY CLERK CHARGED

Mr Caspal Obiero, a clerk with the Migori County, denied killing his county boss’s pregnant girlfriend between September 3 and 4.

Other than Mr Obado, his personal assistant Michael Oyamo has also been charged with the killing.

Justice Lesiit directed that Mr Obiero be remanded at the Industrial Area remand Prison until October 8, when he will argue the bail application.

Mr Ondari also said they are likely to consolidate the cases and it was therefore prudent that they be heard on the same day and before the same judge.

The Judge agreed saying, “It is prudent that these matters are consolidated in order to save on court’s time in writing a multiplicity of judgments on similar matters even though each accused person has specific uniqueness, all these will be considered.”

Despite pleas by his lawyer that Mr Obiero has been unwell, the court directed that he should be escorted by prison officers to seek medication but he will remain in remand.

Mr Ondari said the prosecution will provide witness statement and documents on Wednesday next week.

He said that some suspects, especially the hit-men, are still being pursued.