Embattled Migori County governor Zachary Okoth Obado was on Wednesday, October 24, granted freedom after spending over a month in remand, and a number of factors necessitated his conditional release.
It turned out the prosecutor did not succeed in directly linking the county chief to the gruesome murder of his seven-month pregnant ex-lover, Sharon Beryl Otieno, whose lifeless body was found dumped in Kodero Forest on September 4, 2018.
The court ordered Migori governor Okoth Obado (pictured) to give two sureties of similar amount to the KSh 5 million cash bail as condition for his release.
While ruling on the weighty matter of public interest at the Milimani Law Courts, the non-nonsense High Court judge literally sent the prosecutor back to the drawing board when she said there was no substantive evidence yet to put the first accused at the crime scene.
“Although the court could not make conclusive findings of the evidence presented, I find there is only circumstantial evidence linking the first accused to the crime. It would therefore be dangerous to deny him bail based on these kind of evidence,” Lesiit ruled.
The judge seemed to be in complete agreement with Obado's lawyer, Cliff Ombeta, who had argued during bail hearing that none of the witnesses presented by the prosecutor directly linked his client to the murder or even mentioned his client in relation to the heinous crime.
Ombeta had earlier argued his client was capable of attending his trial and therefore there was no need to continue holding him against his rights.
"Article 50 of the Constitution is very clear. The presumption of innocence also helps us to prepare for the case and for my client to prepare for his trial with free mind and be able to consult his lawyers," the lawyer argued.
In sustained attempts to block the release of the governor, the prosecutor had insisted the first accused was likely to interfere with witnesses owing to his powerful position in Migori County.
"Everybody knows that any accused person is innocent until proven guilty, but presumption of innocence does not mean one cannot commit an offense at will. Article 49 does not state that the right to bond or bail is an absolute right," the prosecutor argued.
Obado's freedom, however, came with tough conditions which he would have to comply with, including keeping off Homa Bay County where his deceased ex-girlfriend's family stays, or risk going back to remand.
"The accused shall not go anywhere within 20km of Homa Bay County boundary. The court has the liberty to cancel your bail at any time,” Lessit ruled.
The governor, who is facing two counts of murder alongside his personal assistant Michael Oyamo and Migori County clerk Caspal Obiero, was required to deposit a cash bail of KSh 5 million and two sureties of similar amount as well as hand over his travel documents.
Oyamo and Obiero were, however, denied freedom and returned to remand at the Industrial Area Prison where we understands they will remain until a pre-trial hearing slated for February 14, 2019.
Unlike the first accused, Lessit ruled the second and third accused could not be freed because they were likely to abscond court sessions and cause public disturbance if let free.
The judge said the prosecutor in this case gave enough and compelling reasons as to why Oyamo and Obiero should not be allowed to breathe fresh air until the ongoing investigations are over.
DISCLAIMER :The Views, Thoughts, And Opinions Expressed In This Article Belong Solely To Tuko, And Not Necessarily To The Author’s Employer, Organization, Committee or The Evening Post.