Migori Governor Okoth Obado wants the court to allow him access to all parts of the county.
Obado is facing charges in connection with the murder of his girlfriend Sharon Otieno and her unborn baby in September last year.
Justice Jessie Lessit last October Restrained Obado from setting foot anywhere within 20km of Homa Bay county.
The county is Sharon’s home county. Migori and Homa Bay border each other. Obado was barred from entering Homa Bay to prevent the intimidation of witnesses.
He was also ordered to deposit his passport in court as part of the conditions for bond.
Yesterday, the governor said his ancestral Rapogi home is located less than 11km from Homa Bay borders.
The home falls within the prohibited distance, meaning he is barred from going to his home.
“As a governor, my work involves travelling mostly from Nairobi to Migori town where my official residence and office is situated,” Obado said.
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His lawyer, Nicholas Ombija, said the governor’s only mode of travelling to Nairobi from Migori town was chartered flight for him not to get within 20kms of Homa Bay.
He can travel by road through Trans Mara. But Ombija said going through Trans Mara takes six hours longer than the preferred Kisii-Suneka-Rongo route. The route falls within the prohibited distance.
“The Trans Mara road has very rough terrain, making it extremely uncomfortable and torturous to travel,” Ombija said.
Migori has eight constituencies. Five of them border Homa Bay county. Obado said the 20km restriction bars him from effectively serving residents in the border constituencies.
The governor is the chairman of the Agriculture sub-committee of the Council of Governors, a role that he says requires him to represent CoG in international, regional and local forums and conferences.
He said he cannot effectively execute his mandate, having deposited his travel documents in court.
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He asked the court to review the orders of October 24 and release his travel documents including his diplomatic passport.
The DPP opposed the application with counsel Victor Juma saying the conditions were intended to ensure Obado does not leave the jurisdiction of the court without permission.
Juma said Obado needed to make specific requests whenever he intends to travel, saying “a blanket permission would beat the purpose of the order.”
“The grant and denial of bail and the review of the terms however remain a discretion of this court to be exercised judiciously and judicially,” Juma said.
The case was scheduled for a pre-trial conference but failed to proceed after Senior Assistant DPP Alexander Muteti said they are yet to record required statements.
“The statements we have supplied are 10. We have eight more to go. We need more time to finalise,” Muteti said.
He said a cybercrime expert handling the case has been out of the country for a month.
“We pray for a mention in a month’s time to enable them conclude analysis of matter and record remaining witnesses,” Muteti said.
The case will be heard on March 20. Obado is charged alongside Migori county clerk Caspal Obiero and his aide Michael Oyamo.
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