Suspects in the murder of Rongo University Student Sharon Otieno now want the presiding no nonsense Jessie Lessit judge to recuse herself from hearing the case.
In an application, Michael Oyamo and Caspal Obiero claimed they shall not be accorded a fair trial if Judge Jessie Lessit oversees the case.
The two accused the judge of making prejudicial remarks while declining to release them on bail, a move they claim negated the presumption of innocence accorded to them in the constitution.
“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,” states Oyamo.
They claimed that the trial court acted in a discriminatory manner and in violation of the principle of equality of treatment in applying different standards to different accused persons.
“All accused persons applied to be admitted on bail and bond and a decision was made which allowed (Governor) Obado to be released on bail while Caspal Ojwang and myself were denied bail,” added Oyamo.
Sharon, 26, went missing on September 3, 2018 after a meeting with a Nation journalist at a Migori hotel but was found dead two days later near Kodera Forest in Homa Bay.
The deceased was in a relationship Migori Governor Okoth Obado and was expecting his son. The County boss was also arrested and arraigned over the murder but is currently out on bail.
Mr. Oyamo was Governor Obado’s personal assistant while Mr. Obiero was a close aide to the county boss.
Obado was freed on a Ksh.5 million cash bail in October 2018. The case is set to begin next month.