Obado’s PA denied request for his witnesses to testify before him
A Nairobi High Court has adjourned the defense hearing of the case of the murder of the late Sharon Otieno, former lover of former Migori County Governor Okoth Obado.
The second accused person in the murder case, Michael Juma Oyamo, who was the personal assistant to the former Migori Governor, was expected to testify before Justice Cecilia Githua on Monday, May 19, 2025.
Through his lawyer, Ogada Meso, Oyamo argued that he was not able to proceed with the hearing due to the unavailability of call data, which was supposed to be made available to him by Safaricom.
Further, lawyer Meso made an application proposing to have Oyamo’s witnesses be allowed to testify before him, an application that was vehemently opposed by the Directorate of Public Prosecution (DPP).
The DPP, through the Assistant Director of Public Prosecutions, Gikui Gichui, stated that the other witnesses can only give their testimony after Oyamo opens his defense by giving testimony on the matter.
“My lady, our objection is permanent. The law is very clear that every accused person has the right to a fair trial, which includes the right to be present unless the conduct of the accused makes it impossible for the trial to proceed,” Prosecutor Gichui told the court.
Notably, Gachui stated that the procedure to be followed during defense hearing is outlined in the Constitution in Section 211 of the CPC, which deals with the lower court defense stage and gives more details on how the matter should proceed during the defense stage.
“My lady, as per the Constitution, it was only intended that the accused person start the defense by defending himself personally, from the allegations raised at the prosecution stage, and we believe it should be incompatible if he is allowed to be present and other witnesses are able to give testimony, then he comes and gives his testimony,” Prosecutor Gichui stated.
In her objection, Prosecutor Gachui added that the witness testimony should be impartial and independent and without taint, explaining that is why they only allow a witness to testify when all other witnesses are not hearing or are outside.
“They cannot be in the same stage, which is what the second accused is attempting to do to be in the same stage to hear the testimony, which will clearly be tainted, my lady. We can also not have him leave the court, because he is supposed to be here throughout the trial itself,” Prosecutor Gichui told the court.
In her ruling, Justice Cecilia Githua dismissed Oyamo’s application to have his witnesses testify before him, and directed that the defense hearing will resume on Wednesday, May 21, 2025, at 2:30 pm.
