Raila Odinga's ODM party has termed Governor Okoth Obado's release from prison as 'constitutional' right adding that the burden of proof lies squarely on the prosecution.
Through lawyer Tony Moturi, Mr. Odinga's party insists that cases before the court should not be politicised at all times, adding that Kenyan courts are competent enough to make correct judgements.
"Each and every suspect is innocent until proven otherwise. That's the law we have subjected ourselves to and must live with it.
"Bail equally is a constitutional right of an accused person. Burden of proof is on the prosecution," he said.
This is the first time Mr. Odinga's party has come open about the matter, which has seen Mr. Obado, a rebel elected on the party, fight from behind bars over the murder of his girlfriend Sharon Otieno.
Mr. Odinga skipped Sharon's burial last Friday despite being few kilometres away in Homa Bay, only saying that his schedule couldn't allow.
Also, besides Moturi, Nyamira County ODM chair Richard Kaka said Mr. Obado was entitled to bail, adding that it's the prosecution's duty to prove why he wouldn't be bailed out.
"There is nothing wrong having Obado out. He's entitled to bail. Let now the prosecution and defense face each other and the judge will make the intimate decision."
On Nyamira ODM Youth League Group, a few members hailed the court for the decision, insisting that all accused persons have a right to be bailed out.
The trial is set for May 2019 and Justice Jessie Lessit said Obado will not be allowed to adjourn proceedings.
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