The trial for the murder of former governor of Migori Okoth Obado and two other individuals has been postponed until Tuesday because the prosecution has not provided the defence team with essential papers required for the case.
These records, which total more than 500 pages, are call data records from Safaricom.
Less than 50 pages of data about different phone number users were initially provided to the court, while defence attorneys Kioko Kilukumi, Roger Sagana, and Elisha Ongoya led the presentation.
This includes the information about the protected witnesses, Michael Oyamo (10 pages), Obado (26 pages), Kate Sharon Otieno (5 pages), and Caspal Obiero (15 pages).
"The cumulative size of that data supply is 50 pages. If the data we are now expecting is more than 500 pages, then it is completely new information. That falls within the parameter of trial by ambush," Ongoya said.
Kilukumi asked trial Judge Cecilia Githua to provide the documents to them by 2:00 PM on Monday so they may get ready for the trial on Tuesday.
Githua objected to the prosecution's chosen course of action.
“I hope going forward you will be more diligent, it’s not fair that we allocate a date for a hearing only for the matter to be adjourned," she said.
The prosecution promised to provide the necessary documents before to Tuesday's hearing, so the court granted the adjournment.
Obado, along with his personal assistants Oyamo and Obiero, are facing trial in connection with the September 3, 2018, murder of Sharon Otieno and her unborn child in Homa Bay County.
So far, thirty-eight witnesses have provided testimony.
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