Migori governor Okoth Obado ’s personal assistant Michael Oyamo has urged the Court of Appeal to set aside a decision of the lower court that denied him bail over the murder of Rongo University student Sharon Otieno.

Sharon-Otieno
Late Sharon-Otieno

Oyamo and Migori county clerk Caspal Obiero want the court of appeal to grant them bail on reasonable terms pending the murder trial which was slated for May next year.

Obiero says High Court Judge Jessie Lessit erred in holding that the prosecution had a strong case against him yet no evidence had been adduced to prove the same.

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He says the judge failed to appreciate that the prosecution’s case against him was based on circumstantial evidence adding that there was no compelling reason to deny him bail.

 Lessit erred in law and in fact in relying on the alleged evidence by the investigation officer when the same had not been tested by cross-examination and holding that the prosecution had a strong case against me before the trial of the case thereby violating my right to be presumed innocent until the charges are proved at the trial.

His co-accused Oyamo argues that the judge erred in law and in fact in failing to release him on bail which is his constitutional right.

SUSAN MUHINDI/The Star

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