Director of Public Prosecution Noordin Haji has opposed an application to have High Court Judge Jessie Lessit dropped from a murder case involving Migori Governor Okoth Obado and two others.
Obado's aides Michael Oyamo and Caspal Obiero, moved to High Court last week seeking for the removal of Lady Justice Lessit. They accuse her of partiality in the handling of the case.
“I do apprehend, and reasonably so, that I shall not be accorded a fair and impartial trial and I request that the case against me be presided over by any judge other than Justice Lessit,” Oyamo was quoted by Citizen Digital
The three are accused of murdering Rongo University student Sharon Otieno and her unborn child last year in September. While Obado was released on bail after one month, the two aides spent over four months at Industrial Area Remand.
Through his deputy Jacob Ondari, the DPP insisted that Lessit is fit to sit in the murder trial as presiding judge. He dismissed claims that she has preconceived thoughts about the case.
"The applications by Michael Juma Oyamo and Caspal Ojwang Obiero are frivolous, unfounded and an abuse of court process. The applications do not meet the required standard required for recusal,” Ondari argued in his reply filed in court on Tuesday.
“There is no record or other evidence at all that this honourable court made any remarks that the second accused (Oyamo) had admitted evidence against him,” he added as quoted by the Standard.
The trial was set to start on Tuesday but the application would have it delayed until the matter is handled.
Governor Obado had his bail terms reviewed by Lessit in April.
While the county boss admitted having fathered Sharon's child, he denied any wrongdoing in the murder. Equally, he argued, he was disappointed and affected with the death.