•The co-accused in the Sharon Otieno's murder were apprehensive they would not get a fair trial after Lessit denied them bond.
•DPP says the two have not produced evidence to justify the judge's recusal.
Image: FILE
The DPP wants an application seeking to have Justice Jessie Lessit recuse herself from the case involving Migori Governor Okoth Obado's co-accused dismissed.
Deputy DPP Jacob Ondari said Obado's personal assistant Michael Oyamo and Migori clerk Casper Obiero have not produced any evidence to justify the judge's disqualification.
The two filed the matter a week ago seeking the recusal of Judge Lessit, saying they are apprehensive she 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 Obado bail.
In denying Obiero bail, the judge said that his release on bail pending trial was likely to disturb public order and public security.
Obiero says the decision was not premised on any evidence against him since there was no recorded public reaction against him during his arrest.
But Ondari, in the court documents, states that in determining the existence of compelling evidence for denying an accused person bail, the court considers each case on its own merit and makes specific findings on the particular application.
“The finding of the judge was premised on the averments and materials placed before the court and the circumstances of the case at the time.”
The two are accused of involvement in the murder of Rongo University student Sharon Otieno in September last year.
Sharon's family is of the same view as the DPP and has urged the court to dismiss the application by Oyamo and Obiero on grounds that it’s meant to delay and frustrate the determination of the case.
“The application should be dismissed and the matter proceeds for pretrial since no justifiable reason has been advanced to warrant the recusal of the judge," their affidavit reads.
The court was set to hear Oyamo's and Obiero’s application but the two requested more time to go through the documents filed by the victim’s family and the state in response to their application.
They also needed to know whether the victim’s family can respond to the case when the matter is being prosecuted by the state.
The judge said the family’s participation was confined to issues of bond, a matter that has been overtaken by events.
And as per their participation in the trial, it will be decided during the pretrial conference but for now their interest will be represented by the state, the court said.
Lessit directed Oyamo and Obiero to file their responses to the state's application and that of the family before May 29 when the hearing starts.
(Edited by R.Wamochie)