The High Court has directed Michael Oyamo, the second accused in the murder case of Sharon Otieno, to provide the Prosecution with documents he used during his defence. Oyamo, who served as the personal assistant to former Migori Governor Okoth Obado, has been ordered to share the materials with the Prosecution within 14 days.
This directive follows an application by the state, which sought access to documents produced by Oyamo during his defence hearing. The Prosecution argued that these documents were necessary to prepare for cross-examination. The application was made after Oyamo had already concluded his defence.
Oyamo’s legal team strongly opposed the application, contending that the defence has no obligation to disclose such documents. They argued that the responsibility to prove a case lies solely with the Prosecution, as outlined in the Constitution. They cited constitutional provisions stating that an accused person cannot be compelled to share defence evidence in advance.
However, the judge noted that since Oyamo had already presented the documents in court, the request from the Prosecution did not violate his constitutional rights. The court ruled that the application was not an attempt to force disclosure of intended evidence, but rather a procedural step to access what had already been submitted during the defence.
The court further reasoned that allowing the Prosecution access to the documents would not prejudice Oyamo’s case. It was clarified that if any issues emerged during cross-examination, Oyamo’s lawyer would be given an opportunity to re-examine him.
The judge emphasized that the Prosecution’s request was reasonable and necessary for the proper administration of justice. In addition to requiring Oyamo to serve the documents to the Prosecution, the court also instructed the Deputy Registrar to provide the Prosecution with copies of the documents that had already been marked as defence exhibits.
The need for the documents arose after the defence introduced new materials, including travel and Safaricom records, which the Prosecution claimed to have seen for the first time. As a result, the Prosecution had requested additional time to review the exhibits and consult with the investigating officer before proceeding with cross-examination.
With the ruling in place, Oyamo now has two weeks to submit all identified materials to the state, paving the way for the continuation of the trial.
