Wajackoya has been barred from representing Sharon's family
Obado successfully argued that he held privileged information and may use it against him
Image: ENOS TECHE
Prof George Wajackoyah has suffered a major setback after the High Court disqualified him from representing the family in the murder trial of Rongo University Student Sharon Otieno
Justice Ngenye Macharia said Wajackoyah was privy to some confidential information that would prejudice the fair trial of Migori Governor Okoth Obado.
She said the family was at liberty to engage other lawyers as his continued presence would be heavily prejudicial to the trial.
Ngenye de-barred the professor after Obado successfully argued that he held privileged information and may use it against him.
During the hearing of the application, Obado through lawyers Kioko Kilukumi and Rogers Sagana, told Justice Macharia that on September 23 last year, two days after his arrest, Wajackoyah paid him a visit at the Gigiri police station and sought his instructions on the case.
Kilukumi said Wajackoyah intimated to his client that he had done a lot of consultancy work with the office of the Director of Public Prosecutions and the Directorate of Criminal Investigations.
“Wajackoyah showed me correspondence between himself and the two offices and I was convinced that indeed he had good knowledge in criminal law practice. He further confirmed that the two offices nevertheless cleared him to represent me,” Obado said.
Obado said he instructed Wajackoyah to represent him in the case and that he discussed details with the lawyer and Rogers Sagana who was also part of his defense team.
When Obado was arraigned on September 24 last year, there were several other counsels acting for him and when the quorum was taken, Wajackoyah's name was excluded even though he was present in court, the governor said.
“The advocate took serious issue with the omission of his name from the quorum and informed me as much. In the subsequent court appearance, he came to court and introduced himself as the advocate for the victims. He continues to be on record for the victims to date,” Obado's affidavit reads.
“It’s our contention that Wajackoyah can’t represent two parties in a dispute whose position are in conflict. That would be considered a misconduct requiring disciplinary action. We urge you to hold and find that Wajackoyah had a conflict of interest and will be unsuitable to appear before you,” Kilukumi said.
Obado, 60, his personal assistant Oyamo, 40, and Caspal Obiero, a clerk in the Migori county government, have denied murdering Sharon.
The 26-year-old Rongo University student and her unborn baby were killed on the night of September 3 last year at Owade in Homa Bay. The prosecution intends to call 42 witnesses.