- Migori Governor, his personal aides Oyamo and Obiero are in court facing trial over the murder of Sharon and her unborn baby.
- The witness told the trial Judge that when he was filling in the medical records, Oyamo was not physically present with him.
Image: FILE
A medic on Wednesday confessed that he filled in medical documents of one of the accused persons in Sharon's murder case without examining him.
The details of Michael Oyamo were filled in by Cliff Momanyi, a clinical officer, hours after the abduction and subsequent death of Sharon in Owade area, Homa Bay county.
Migori Governor Okoth Obado, his personal aides Oyamo and Caspal Obiero are in court facing trial over the murder of Sharon and her unborn baby.
The three and others not before court are accused of committing the crime on September 3, 2018 at Owade.
Momanyi, who works at Kisii Teaching and Referral Hospital, said the information he filled in the medical form is not with the hospital because he generated the documents from his computer.
The medic got the details of how to fill in the outpatient card from one Justus Magati who is yet to testify in the case.
He is the one who called Momanyi on September 4 and gave him the name of the patient as Michael Oyamo.
Magati asked for filling of medical documents on behalf of Oyamo. He also gave the details of Oyamo's injuries to Momanyi.
The witness told the trial Judge Cecilia Githua that when he was filling in the medical records, Oyamo was not physically present with him.
He also said one of the forms was to indicate that Oyamo needed referral from Kisii to Kisumu hospital.
Momanyi's clinical notes further said Oyamo was assaulted by unknown persons and was brought into hospital while unconscious by unknown persons.
"Signs of strangulation were evident. He had back pain and lower limb weakness. That is what formed part of the clinical note I generated," the witness said.
"It was dated September 4, 2018. Time was 12:01pm."
Asked by the prosecutor how he knew the residence of Oyamo to be Uriri, the witness said he was told by Justus.
But just as the witness was getting into the finer details of his testimony, lawyer Elisha Ongoya rose to his feet, demanding that Momanyi's documents be expunged as exhibits.
Ongoya acts for Obiero.
He said the computer-generated out patient card and referral card were inadmissible as evidence because the prosecution was relying on copies and not the original documents.
Ongoya also said the prosecutor is supposed to have supplied the court with a certificate to identify the documents and to describe the manner in which it was produced.
In a brief rejoinder prosecutor Gikui Gichuhi said she was going to lay the basis as to why they were using copies and not originals.
She claimed the original documents cannot be produced as they are with the accused person thus the inability to produce the original papers.
And even before that issue was settled, the lawyer representing Oyamo asked to be excused, saying he is not feeling well.
Ogado Meso said he had to seek an adjournment, but stressed he was unable to proceed and was in dire need of medical attention.
All the other lawyers, including the prosecution side, agreed, saying it would be unethical for the matter to proceed even after the obvious signs exhibited by the counsel showing he was indisposed.
The case was scheduled for hearing till Thursday and two more witnesses were set to proceed on Wednesday.
Judge Githua adjourned the matter owing to the new developments in the case.
The judge said the matter be virtually mentioned on March 30 and new dates taken for the next hearing.
Twenty witnesses have testified so far. Nine are remaining.
(edited by Amol Awuor)