Kenya: Sharon Otieno Murder - Obado Wants Family Lawyer Disqualified

11 November 2019

Migori Governor Okoth Obado and his co-accused now want an advocate disqualified from representing the family of murdered student Sharon Otieno in the trial is set to begin in December.

In an application to be heard in two weeks' time, Mr Obado, Mr Michael Oyamo and Mr Caspal Obiero said they want lawyer George Wajackoyah out of the case.

The application was to be heard on Monday before Justice Grace Ngenye but lawyers representing the accused sought more time to file more papers, in reply to an affidavit of opposition, filed by prof Wajackoyah.

ARGUMENTS

In documents filed in court, Mr Obado said he had instructed the advocate to act for him after he assured him he had been cleared to participate in the case by the Director of Public Prosecution and the Director of Criminal Investigations, both of whom he does a lot of consultancy work with.

Mr Obado, through counsel Nicholas Ombija, said that having received instructions from him, the advocate holds privileged information, which may be revealed or shared with the prosecution in the course of the proceedings.

The Migori boss said the advocate paid him a visit at Gigiri Police Station on September 23, 2018, two days after he was arrested and sought his instructions on the case.

"That the advocate's continued representation of the victims is likely to result in breach of the right to a fair trial and a miscarriage of justice against the applicant," he said in a sworn statement.

VICTIM'S RIGHTS

Mr Obado said he is likely to suffer prejudice if prof Wajackoyah is allowed to continue acting for the victims.

In reply, the lawyer said he was surprised by the application and the allegations and that to sum it all up, it was a clear affront to the right of the victims to have representation by an advocate of their own choice.

The application will be heard on November 27.

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