The Directorate of Public Prosecutions has opposed an application by the defense to have justice Lessit disqualified from the case involving Migori Governor Okoth Obado.
Deputy DPP Jacob Ondari said Obado’s personal assistant Michael Oyamo and Migori clerk Casper Obiero have not produced any evidence to justify the judge’s disqualification.
The governor alongside Michael Oyamo and Caspal Obiero are charged with the murder of Rongo University student Sharon Otieno and her unborn baby.
In their application, the defense said that the Hon. Justice Lessit was biased in granting bail to Obado and denied them yet the governor was more influential and likely to interfere with witnesses thus Oyamo and Obiero ant the case to be heard by a different judge.
In denying Obiero bail, the judge said that his release on bail pending trial was likely to disturb public order and public security.
Obiero says the decision was not premised on any evidence against him since there was no recorded public reaction against him during his arrest.
But the DPP through Deputy Director Jacob Ondari opposed the application saying that the reasons given by the Defense did not meet the basic test to disqualify a Judge.
The case will be heard on 29th May 2019.