DPP opposes prayers on judge in Obado's case

Migori Governor Okoth Obado. [Standard]

Director of Public Prosecutions (DPP) Noordin Haji has opposed an application to have a High Court judge withdraw from hearing a murder case against Migori Governor Okoth Obado.

The DPP argued that the claims of bias against Justice Jessie Lesiit made by Obado’s co-accused Michael Oyamo and Caspal Obiero were baseless.

Migori governor, Oyamo who was his personal assistant and Obiero (Migori county clerk) are accused of killing Rongo University student Sharon Otieno.

"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,” argued Deputy DPP Jacob Ondari in his reply filed in court yesterday.

In the case, Oyamo and Obiero claim that they do not stand a chance of justice before Justice Lesiit since she released the governor but ordered that they remain in remand until the case is determined.

According to Obiero, the judge had allegedly made up her mind on him, despite not being mentioned as being one of those who carried out the gruesome murder.

While disputing the claims by the two, the DPP said that at no time during the hearing did the judge make an adverse comment to insinuate she had made up her mind.

“There is no record or other evidence at all that this honourable court made any remarks that the second accused (Oyamo) had admitted evidence against him,” Ondari replied.

According to the DPP, his application for the court to deny the two their freedom was different from the murder trial. He argued that the judge was justified to make any orders based on the circumstances then.

Sharon, 26, was killed while seven months pregnant.

The DPP also argued that the arguments before the judge were similar to those which had been filed before the Cort of Appeal by Oyamo and Obiero when they appealed her decision.

Full trial

Sharon's mother Melida Ouma supported the DPP’s quest for the judge to dismiss the applications and order for the case to proceed to full trial.

Oyamo opposed admission of Mrs Ouma’s opposition, stating that victims of crime have no right to dictate which judge should hear the case.

Justice Lesiit agreed with Oyamo, saying that the victim’s (Mrs Ouma) participation was limited to bail hearing and would later get directions on how to participate in the full trial.

Obado, Oyamo and Obiero are jointly charged with murdering Sharon on the night of September 3, last year, at Kodera Forest in Oyugis town.

The three are also charged with killing Sharon’s unborn baby.

The application on whether the judge should disqualify herself from hearing the case will be heard on May 29.