Migori governor Okoth Obado’s tour of cells and Prison remands is not yet over. The Migori County chief will today spend a night at the Gigiri police cells pending the ruling on his bail application in the illegal guns case.
Chief magistrate Joyce Gandani on Thursday said the bail ruling will be delivered on Friday. Police had sought 15 days to detain Obado for further investigations into the illegal gun possession case.
The governor was arrested by DCI on Wednesday after an EACC raid at his Nairobi and Migori homes netted eight guns.
The defence team led by Cliff Ombeta argued that the governor has cooperated with security agencies hence should be granted bail.
He further argued that the county boss, who is also facing a murder charge, has lived by the bail terms for the said case.
The defence further told the court that Obado is not a flight risk and will present himself when needed by the investigative agencies.
Ombeta also dismissed the DPP’s request for more days on grounds of conducting a ballistic examination at the scene.
“The guns were transported to Nairobi. We saw them at the DCI headquarters. We wonder what the officers will be looking at yet there was no shooting at either of the homes,” Ombeta told the court.
Migori governor Okoth Obado has not even enjoyed the freedom he got after being released on bail in the Sharon Otieno murder case but is again set for another legal battle that could as well see him re-unite with his aides Michael Oyamo and Caspel Obiero who were denied bail on grounds that they could interfere with witnesses. The two are currently remanded at the Industrial area prison remand awaiting the hearing of the case that begins in May next year.
In case the court declines to grant governor Obado bail tomorrow, it will be a huge blow to the governor and his supporters that have already called for his unconditional release. Some of his supporters were even presented outside the Kibera law courts where they protested the non-ending arrests of the governor with many of them reading political malice in the current happenings.
If found guilty, the governor faces upto 10 years in jail.
Carrying an illegal firearm is a serious crime, which under Section 4 of the Act attracts up to 10 years in jail without the option of a fine. In fact, if the firearm or ammunition is one of the types prohibited in law, then the sentence shall not be less than seven years and not more than 15 years.
The same is the case if you are in possession of more ammunition that those permitted. But if you are convicted for failure to renew the firearms certificate by negligence, then you shall pay Sh500 for every day you had the gun with an expired certificate.
Should the Governor be granted another bail tomorrow?