Two suspects who are charged with the murder of slain Rongo University student Sharon Otieno have filed an application in the High Court in Nairobi seeking to have trial Judge Jessie Lessit disqualify herself from hearing the case.
According to Citizen Digital, Michael Oyamo and Caspal Obiero claim that they are not guaranteed of a fair trial with Justice Lessit presiding over the murder case.
The two suspects are accusing Justice Lessit of allegedly making prejudicial remarks while declining to grant them bail.
They also claim that their presumption to innocence has been dented.
“I do apprehend, and reasonably so, that I shall not be accorded a fair and impartial trial and I request that the case against m be presided over by any Judge other than Justice Lessit,” Oyamo says in an application seen by Citizen Digital.
The two also accuses Justice Lessit of alleged discrimination and violation of the principle of quality treatment set in the constitution for accused persons.
“All accused persons applied to be admitted on bail and bond and a decision was made which allowed (Governor) Okoth Obado (Migori) to be released on bail while Caspal Ojwang and myself were denied bail,” Oyamo added as quoted by Citizen Digital.
The application has been certified as urgent and will be allocated a Judge to hear it.
Oyamo and Obiero are charged alongside Governor Obado for the murder of Sharon and her unborn baby.
In 2018, the trio pleaded not guilty to the murder charges and are out on bail.
The hearing of the murder case starts next month as the prosecution lines up over 30 witnesses to testify.