Obado files another application seeking release from custody


Obado files another application seeking release from custody
Migori Governor Okoth Obado arraigned at the Milimani Law Courts over the murder of Rongo University student Sharon Otieno. PHOTO| CITIZEN DIGITAL

In Summary

  • In the application, Obado has revealed to the court that he suffers from a severe back problem known as a nerve compression with disc lesion on the lumber spine since 2013.
  • He argues that the condition has adversely affected his ability to stand for long hours adding that since his condition has not been attended to for the period he's been in custody.
  • He also argues that the investigations have not linked him with the abductors or adduced evidence on how he would hinder their arrest.

Migori Governor Okoth Obado has filed another application seeking to be discharged from custody pending the hearing and determination of his case.

In the application, Obado has revealed to the court that he suffers from a severe back problem known as a nerve compression with disc lesion on the lumber spine which started affecting him in the year 2013.

“To manage the condition, I have been under special care of a medical doctor by the name of Prof. Ating’a,” reads the application.

He argues that the condition has adversely affected his ability to stand for long hours adding that since his condition has not been attended to for the period he’s been in custody, the complication aggravated and was taken ill on September 29, 2018.

“I was subsequently admitted at Kenyatta National Hospital as an inpatient and my condition has not improved since then,” claims Obado.

In seeking to convince the court for the second time to be released on bail, Obado argues that he has received all the witness exhibit from prosecution and there are no compelling reasons to warrant holding the accused in custody any longer.

He says that offence of murder is bailable under the Constitution of Kenya adding that he has a constitutional right to be released on bond or bail, on reasonable conditions pending hearing and determination of the trial.

The Governor further  argues that he has cooperated in every way possible with the institutions handling the investigations into this case and has not interfered with, meddled with investigations nor influenced witnesses in the case.

“Neither the victims, witnesses or investigators have deposed to having been threatened or unduly influenced by the accused with a view of interfering with investigations and the conduct of the case,” argues Obado.

It is his argument that if released on bail he will attend court, police, Director of Criminal Investigations and meet any requirements or conditions by the court for the admission to bond and/or bail.

Similarly Obado argues that his admittance to bail and/or bail shall not in any way affect the investigations or prosecution of this trial.

He also argues that the investigations have not linked him with the abductors or adduced evidence on how he would hinder their arrest.

“Every bit of investigations of this matter has been exposed to the media and public who have convicted and punished me by public ridicule, humiliation and embarrassment. To this I have not reciprocated in kind; but instead, I chose to remain mum respecting the investigation, prosecution and judicial institutions so as not to prejudice the process,” reads Obado’s application.

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Story By Dzuya Walter
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