Migori County Governor Okoth Obado's application to have lawyer George Wajackoyah dismissed from Sharon Otieno's murder case was heard on Monday.
Prof George Wajackoyah is representing the family of the slain Rongo University student Sharon Otieno in a case where Governor Obado is a prime suspect.
Governor Obado, however, wants the lawyer off the case on grounds that he has privileged information which he might use to his advantage.
Lawyer Kioko Kilukumi, one of Obado's lawyers, argued that Prof Wajackoyah has a conflict of interest in the case and was, therefore, unsuitable to participate in it.
“It’s our contention that Wajackoyah can’t represent two parties in a dispute whose positions are in conflict. That would be considered misconduct requiring disciplinary action. We urge you to hold and find that Wajackoyah had a conflict of interest and will be unsuitable to appear before you,” Kilukumi stated in his submission to the court.
According to Obado, Prof Wajackoyah made contact with him while he was still being held at Gigiri Police Station before the beginning of the case. The lawyer wanted to be part of Obado's defence team in the case.
The governor agreed to have the lawyer represent him in the case and consequently shared with him information relating to the case. The lawyer was, however, excluded from Obado's defence team; a move which he allegedly took seriously.
Prof Wajackoyah, on the other hand, accused Obado of trying to interfere with the case. He pointed out that he had volunteered to represent the family of the late Sharon Otieno out of his own will.
The decision on whether Prof Wajackoyah will be removed from the case or not will be made on December 18 by The High Court.