Life in the remand seem to be getting unbearable for Migori governor Okoth Obado’s personal assistant Michael Oyamo. After his stay in remand alongside that of Migori County Clerk Caspal Obiero was extended, the duo have launched an appeal at the Court of appeal urging the court to overturn a decision by the high court to deny them bail.
The two were arrested alongside governor Obado in connection with the gruesome murder of Rongo University student Sharon Otieno.
Oyamo and Migori county clerk Caspal Obiero want the court of appeal to grant them bail on reasonable terms pending the murder trial which was slated for May next year.
According to the duo, Judge Jessie Lessit erred in holding that the prosecution had a strong case against him yet no evidence had been adduced to prove the same.
“Lessit erred in law and in fact in relying on the alleged evidence by the investigation officer when the same had not been tested by cross-examination and holding that the prosecution had a strong case against me before the trial of the case thereby violating my right to be presumed innocent until the charges are proved at the trial,” he says.
His co-accused Oyamo argues that the judge erred in law and in fact in failing to release him on bail which is his constitutional right.
Michael Oyamo and Casper Obiero were denied bail with Justice Lessit stating that their freedom would intimidate witnesses in the Murder case.
“The evidence affecting the second and third accused has been acknowledged by both of them. They each went further and made responses in their affidavits. It is therefore acknowledged that such evidence exists and cannot be brushed aside,” she pointed out.
“There are compelling reasons not to grant the second and third accused bail at this stage. I find that releasing them may send fear, anxiety to potential witnesses therefore leading to intimidation which may adversely affect the case.” concluded Justice Lesiit.
Migori governor Okoth Obado was released on a Sh5million cash bail and given strict bail term conditions, conditions that Oyamo and Obiero seek to avoid.
High Court Judge Jessie Lessit further imposed two sureties of Sh5 million each and ordered him to deposit his travel documents including all his passports in court.
Should Oyamo and Obiero be granted bail?