Sharon Otieno murder trial: Family opposes move to remove trial judge
Caspal Obiero (left) and Michael Oyamo who are suspects in the murder of Ms Sharon Otieno. They want Justice Jessie Lessit, who is presiding over the case, to recuse herself. PHOTO | FILE | NATION MEDIA GROUP
What you need to know:
The family says the matter should proceed to pretrial since no justifiable reason has been advanced to warrant the recusal of the judge.
According to the prosecution, the application to have Justice Lessit disqualify herself were not supported by evidence.
The family of Sharon Otieno and the Director of Public Prosecution have opposed an application by two suspects seeking the trial judge to recuse herself from the case.
The two suspects are charged jointly with Migori Governor Okoth Obado with murdering the Rogo University student last year. The three were also charged with killing Sharon’s unborn baby.
The family says the application by Michael Oyamo, a former personal assistant to Obado, and Casper Obiero, a former clerk in Migori County is meant to delay the case.
The two have asked Justice Jessie Lessit not to preside over the case saying they are apprehensive the trial will not be fair.
The family says the matter should proceed to pretrial since no justifiable reason has been advanced to warrant the recusal of the judge.
According to the prosecution, the application to have Justice Lessit disqualify herself were not supported by evidence.
"The applications by Michael Juma Oyamo and Caspal Ojwang Obiero are frivolous, unfounded and an abuse of court process. The applications do not meet the required standard required for recusal,” deputy director of prosecutions Jacob Ondari stated.
In their application, Oyamo and Obiero claim that they do not stand a chance of justice before Justice Lessit as she has released the Governor on bond while ordering that they remain in remand until the case is heard and determined.
NO EVIDENCE
In his reply, the DPP said the judge has never made remarks which would insinuate she would be biased.
“There is no record or other evidence at all that this honourable court made any remarks that the second accused had admitted evidence against him,” Ondari stated.
The DPP averred that the application was similar to another Oyamo had been filed before the Court of appeal challenging her decision.
Oyamo opposed the admission of the family’s participation in the case saying the interests of the deceased’s family were represented by the State.
The court agreed with Oyamo saying that the victim’s participation was limited to bail hearing.
The application will be heard on May 29.
