There have been worries over Migori Governor Okoth Obado’s job, but is it still intact? A section of MCAs once threatened to impeach him following the charges following him in the Court. At the moment, there is no threat to Governor Obado’s job. A governor is an elected leader and is not a civil servant.
For civil servants, when you are involved in any kind of crime, or you are charged for an offence that you can be jailed for more than six months, then you will be suspended until that matter is heard and determined.
But you see governors are not civil or public servants, being elected is different because you are representing the will of the people who elected you and even the laws of having another election is clear that unless you are convicted for a crime and jailed for more than six months.
That is the only way people can go for a by-election, but not just that you have been charged and you are in court because there is that principle of innocent until proven guilty.
I doubt if there is any provision that can interfere with his position. Even if he is jailed and put in custody still they cannot bring a by-election on that basis.
The only option the people can have when their elected leader is jailed is to petition the President to establish a Commission to run the county.
Again, the accusation of issuing threats can only lead to variation of bail terms once the DPP makes an application to withdraw the terms and has given grounds and evidence that the accused person is interfering with the witnesses or wants to commit a crime.
If they determine that the suspect is interfering with witnesses or issuing threats, and they find him liable, then the bail terms might be reviewed in a way that he can be put in custody until the matter is concluded.
We have many cases where people have been arrested for claims of planning to commit an offence, the only problem is that they are not celebrated cases, you know most of the time they are not big cases like this one.
Mostly they are small cases where some one is interfering with witnesses, like for instance, a driver who caused an accident interfering with witnesses while out on bond and then bail terms are reviewed. There are many such cases only that they are small cases and have not been given huge public attention.