Nairobi — A Nairobi Court has ruled that Michael Oyamo, the former aide to ex-Migori Governor Okoth Obado will have to testify first in the Sharon Otieno murder trial
This is after Trial Judge Cecelia Githua dismissed Oyamo's application to have his witnesses testify before him.
Githua indicated that while a accused person has the discretion to decide whether to make an opening statement, they are required by law to present their own evidence first.
"I agree with the prosecution that it is a matter of law that the accused must begin with his own evidence," she stated.
"I therefore decline the application. He must lay the foundation for his case, and if he chooses, he may call his witnesses afterward to support his defense."
Oyamo was put on his defense after he was found to have a case to answer.
Through his lawyer, he had made an application to have his witnesses testify first before he tendered his defense.
At the same time, he was given documents on data calls by Safaricom which according to him are crucial.
Oyamo told the court that he intends to use the date in defending his case.