• The court heard that the advocates representing Obiero were attending a Law Society of Kenya (LSK) conference.
• She allowed the adjournment after confirming the existence of the circular and directed that the matter proceeds on Thursday next week.
Image: /ENOS TECHE
The murder trial of Migori Governor Okoth Obado failed to proceed on Thursday after a no-show by lawyers for one of the accused.
The prosecution, led by Catherine Mwaniki, was ready to proceed with two witnesses having travelled from Kisii to testify against Obado, his personal aide Michael Oyamo and Caspal Obiero.
“We should be told in due time if the defense is unable to proceed. These witnesses are vulnerable and bringing them to court without testifying isn’t in the interest of justice,” Mwaniki said.
The court heard that the advocates representing Obiero were attending a Law Society of Kenya conference and there was a circular effected on the same.
Trial judge Cecilia Githua said the lawyers ought to have communicated their inability to attend court on Thursday.
“In future, I would encourage counsels to communicate their predicament in good time so that plans are made accordingly,” she said.
“This is an old matter. We have tried to see how to expedite it. It would be unfortunate to see those efforts thwarted.”
She allowed the adjournment after confirming the existence of the circular and directed that the matter proceeds on Thursday next week.
Obado, Oyamo and Obiero are facing trial over the murder of Sharon Otieno and her unborn baby.
Together with others not before court, they are accused of committing the crime on September 3, 2018 in Owade, Homa Bay county.
The last time the matter was in court, a clinical officer confessed he filled in medical documents showing one of the accused persons in Sharon's murder case displayed features of strangulation without examining him.
The details of Oyamo were being filled in by Cliff Momanyi hours after the abduction and subsequent death of Sharon in Owade, Homa Bay county.
Momanyi, who works at Kisii Teaching Referral Hospital (KTRH), said the information he filled in the medical form is not with the hospital because he generated the documents from his computer.
He got the details of how to fill in the outpatient card from Justus Magati. Magati 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. He asked to fill medical documents on behalf of Oyamo.
Magati also gave the details of Oyamo's injuries to Momanyi.
He also said one of the forms was to indicate that Oyamo needed referral from Kisii to Kisumu hospital.
"Signs of strangulation were evident. He had back pain and lower limb weakness. That is what formed part of the clinical note I generated. It was dated September 4, 2018. Time was 12:01pm," the witness said.
Asked by the prosecutor how he knew the residence of Oyamo to be Uriri, the witness said "Justus told me that".
Edited by A.N