, NAIROBI, Kenya, May 7 – An application for disqualification of Justice Jessie Lesiit by two accused charged together with Migori Governor Okoth Obado over the murder of Sharon Otieno will be heard on May 29, 2019.
Michael Oyamo and Caspal Obiero say they cannot be given a fair and impartial trial by the judge who refused to release them on bond but freed Obado on bond.
The two spent several months in custody until they were released on bond last December by the Court of Appeal.
In his application, Obiero said despite not being mentioned anywhere in witness statements, the court appeared to have made up its mind regarding the allegations even before witnesses take to the stand.
He said that the judge made reference to circumstantial evidence and it was dangerous to use such a ground to deny him bail.
Oyamo in the other hand argues that the court made a finding that releasing him was likely to disturb public order and peace.
He said the finding was not premised on any evidence because there was nothing on record of public reaction following his arrest.
He said he presented himself to the police and the issue of public reaction does not arise.
“From the foregoing, it appears that the court has a preconceived mind about my involvement in this case,” he said in a sworn statement.
Oyamo said he would like the trial to proceed in an environment in which he has confidence of a realistic chance of justice being served or accorded a fair trial.
Obado, Oyamo and Obiero have denied murdering 26-year-old Sharon, an offence they allegedly committed between September 3 and 4 last year, at Owade area in Rachuonyo sub-county, Homa Bay County. The three have also been charged with the murder of the Rongo University student’s unborn baby.