The family of slain university student Sharon Otieno has urged the court to dismiss an application seeking the disqualification of Justice Jessie Lessit from trying their daughter’s murder trial.
In documents filed in court, the family says the application by Michael Oyamo, a personal assistant to Obado, and Casper Obiero, a clerk in Migori county, is merely meant to delay and frustrate the determination of the case.
The victim says the matter should proceed to pretrial since no justifiable reason has been advanced to warrant the refusal of the Judge.
The DPP has also asked the court to dismiss the application by Oyamo and Obiero.
The two told the court that they needed time to go through the documents filed by the victim’s family and the state in response to their application to have Lessit’s recusal.
They also said they need to know whether the victim’s family can respond to the case when the matter is being prosecuted by the state.
In a swift rejoinder, the Judge said the victim’s participation will be confined to issues of bond which has already been overtaken by events.
Their participation in the trial will be decided during the pretrial conference and as for now, their interest will be represented by the state.
Lessit further directed that the Oyamo and Obiero file their responses to the state’s application and that of the family ahead of the hearing on May 29.
Oyamo and Obiero wanted the judge disqualified on grounds that they are apprehensive she will not give them a fair trial.
Their fear is informed by the decision of the judge to deny them bond after she granted the same to Obado.