Migori Governor Okoth Obado's co-accused have asked a High Court judge to disqualify herself from hearing their murder case.
Michael Oyamo, a personal assistant to Obado, and Casper Obiero, a clerk in Migori county, are apprehensive that judge Jessie Lesiit who is currently handling the case will not give them a fair trial.
Their fear is informed by the decision of the judge to deny them bond even as she granted their co-accused, the governor.
Oyamo and Obiero filed an application for Lesiit's removal when the matter came up for pre-trial yesterday.
The two spent several months in remand until they were released on bond last December by the Court of Appeal.
Obiero believes despite not being mentioned anywhere in the statements, the court appeared to have made up its mind, regarding the allegations even before witnesses take the stand.
The judge, he says, while denying him bond earlier made reference to circumstantial evidence which he thinks is dangerous ground to use.
The court had made a finding that releasing him was likely to disturb public order and peace.
This finding, he argues, was not premised on any evidence because there was nothing on record on public reaction following his arrest.
“From the foregoing, it appears that the court has a preconceived mind about my involvement in this case,” he says in a sworn statement.
Oyamo too believes he doesn't stand a chance of justice being served to him should judge Lesiit continue handling case.
The Director of Public Prosecutions is yet to give its view on the matter as they sought to be given time to file a reply.
Okoth, Oyamo and Obiero have denied murdering 26-year-old Sharon Otieno and her unborn baby.
The matter is scheduled for hearing on May 7.
