A Nairobi High Court has adjourned the defense hearing in the murder case involving the late Sharon Otieno, who was formerly involved with the former Migori County Governor, Okoth Obado.
The second accused in the case, Michael Juma Oyamo, who served as the personal assistant to the former governor, was scheduled to testify before Justice Cecilia Githua on Monday, May 19, 2025. However, Oyamo was unable to proceed with his testimony due to the unavailability of crucial call data that was expected to be provided by Safaricom.
Oyamo, through his lawyer Ogada Meso, made an application requesting that his witnesses be allowed to testify before he himself took the stand. This application was strongly opposed by the prosecution, represented by the Directorate of Public Prosecutions (DPP).
The Assistant Director of Public Prosecutions, Gikui Gichui, argued against the proposal, stating that the legal procedure requires that the accused must open their defense by testifying personally before any defense witnesses can give their statements. Gichui emphasized that this order is clear and supported by the law, and that allowing witnesses to testify before the accused would be improper.
According to the prosecution, the law guarantees every accused person a right to a fair trial, which includes the right to be present during the proceedings unless the accused’s own conduct makes it impossible to continue. Gichui explained that the applicable procedures for the defense stage are detailed in the Constitution and the Criminal Procedure Code (CPC), specifically referencing Section 211, which outlines how lower court defense hearings should be conducted.
The prosecution’s position was that the accused should begin their defense personally by addressing the allegations raised during the prosecution stage. Allowing the witnesses to testify before the accused does not align with this constitutional and procedural framework.
In addition, the prosecution argued that the testimony of witnesses should remain impartial and independent, free from any undue influence or taint. This is why witnesses are typically called in sequence without hearing other testimonies that could influence their own. Allowing witnesses to testify before the accused, who would then hear their testimonies, risks compromising the fairness and impartiality of the trial.
Gichui further pointed out that the accused is required to be present throughout the trial and cannot be allowed to step out while witnesses testify, as the integrity of the defense process must be maintained. Allowing the accused to hear other witnesses’ testimonies before testifying could lead to unfair advantage or interference.
Following the arguments, Justice Cecilia Githua dismissed Oyamo’s application to have his witnesses testify ahead of his own testimony. She ruled that the defense hearing would resume as scheduled on Wednesday, May 21, 2025, at 2:30 pm, maintaining the proper sequence of proceedings.
The case remains a high-profile one, with significant public interest due to the involvement of prominent political figures and the tragic nature of the crime. The court’s insistence on following strict procedural rules highlights the importance of maintaining fairness and legal integrity throughout the trial process.
The ruling underscores the principle that while an accused person has the right to present their defense, the process must be orderly and in accordance with established legal standards. The court’s decision aims to safeguard the impartiality of witness testimonies and the overall fairness of the trial.
As the defense hearing continues, attention will remain focused on how the accused and his legal team present their case and respond to the allegations. The outcome of the trial will be closely watched, given its implications for justice in a matter that has captured national attention.
