Obado: Crucial by-election amid hushed ouster talks

As a team of lawyers burn the midnight oil in a bid to rescue Migori Governor Okoth Obado (pictured) from the hangman, voters in his county will elect a new senator in his absence.

The lawyers are building a strong case to save him from the hangman’s noose and to allow him retain his job.

Sources privy to the preparations for Obado’s defence say his lawyers, who include retired Judge Nicholas Ombija and Cliff Ombeta, are putting up a case to prove that the county boss, who admitted to having an affair with Sharon Otieno, was nowhere near the scene of the crime.

The lawyers are pushing the argument that their client could not kill his 26-year-old girlfriend who at the time of her death was seven months pregnant. They argue that discussions were underway by their client to help Sharon and he could not therefore have harmed her.

But the prosecution is also tightening its case, having won round one of the battle to have the governor stay longer in remand prison. Whether he will be released on bail or not will be known on October 8 when the battle returns to court.

And as the lawyers struggle to shift the burden of proof, in Migori County, Obado’s allies, including Deputy Governor Nelson Mwita, members of his Cabinet as well as some MCAs are warding off any attempts to table a motion to impeach him.

Last week, County Assembly Majority Leader Mlalan Ogega said they had not met as an assembly to discuss Obado’s ouster. He called for calm, saying it was still too early to speculate over Mr Obado’s fate.

He told the Saturday Standard that it was too early to discuss possibilities of impeaching the governor.

“It is the wish of every Kenyan that justice and fairness take centre stage. We don’t want to get into another debate yet the matter is before able judicial and prosecution officers,” said Mr Ogega on the phone.

One of the MCAs however told us in confidence that Obado’s fate has been a subject of discussion among the legislators and the political class in the county.

Delicate matter

“Let us not pretend. This matter is delicate. It is the Assembly that can save or finish the governor. There are those who want us to send him home and others who feel that would be too harsh for a man serving his last term in office,” said the MCA.

Other sources intimated that a majority of the MCAs were allied to the governor and his impeachment would be a tall order.

Even MCAs from the Kuria community where the deputy governor comes from seem to have toned down their hushed quest to have Mwita readied for a takeover in case Obado loses the court battle.

The MCAs are on record saying they wished Obado well in the case. This resolve has been echoed by Mwita who said he was competently running the county alongside members of the county executive.

Among those demanding Mr Obado’s removal from office is International Center for Policy and Conflict (ICPC) Executive Director Wainaina Ndung’u.

“We are demanding that Obado resigns from holding state office of Governor. A State officer shall respect the values, principles and the requirements of the Constitution,” Mr Ndung’u said in a statement.

He said Obado was in breach of Article 3 of the Constitution, which require every person to obey and abide by the statute laws.

Lawyers Alutaralah Mukhwana and Manwa Hosea argue that any state officer should uphold national value and integrity both in public and private.

Hosea backs calls for Obado’s replacement. “Governor Obado should resign or allow the County Assembly take up its responsibilities in passing the impeachment motion. They should not wait for the judicial process.”

The ruling to deny him bail has effectively locked him out of the ongoing campaigns for Migori Senate by-election in which he was a formidable player after riding against ODM, following what he termed as imposition of former Cabinet Minister Ochillo Ayacko as candidate.

Justice Jessie Lesiit on Thursday ordered Obado remanded until August 8, the same day the by-election will be held.

Governor Obado had opposed Ayacko’s candidature and instead backed businessman Eddy Oketch of Federal Party of Kenya. Before his arrest, two weeks ago, Obado had declared war on ODM, accusing it of handpicking Mr Ayacko.

“Things would be very different in the campaigns had he been released on bond before the election date,” said an MCA.

But even in his absence, Obado’s shadow looms large. Some politicians allied to the governor have joined Mr Oketch’s campaign team and are hoping to turn tables on Ayacko.

But ODM is not leaving anything to chance and has planned vigorous campaigns in the coming days. Party leader Raila Odinga is expected in Migori next week.