Director of Public Prosecution has opposed Migori Governor charged with murder to be released on bail.
Prosecution argued that the murder charge facing Obado was complex and serious, hence denial of bond or bail.
An affidavit sworn by investigator attached to the homicide section, Clement Mwangi, says there’s a high likelihood of Obado interfering and intimidating key prosecution witnesses if released on bail.
He further says investigations are not yet complete and that investigators will be proceeding back to Migori county offices for further investigations which include interrogating Obado’s close family members, and county employees.
“The release of the accused person on bail pending hearing and determination of the trail is not absolute and is at the discretion of the court,” affidavit state.
The officer indicates that in the view if the intricate relationship between Obado and confessions recorded by some suspects, it would be extremely dangerous to release Obado on bail adding that he is a serious danger to the society and witnesses that may appear in the matter.
Ondari said there are threats and intimidation to scare the witnesses in the case.
“Such are considerations that the court must take into account when deciding to release the person on bond or not,” he said.
Prosecution claimed that Sharon’s family is under threat and intimidation which threats are believed to be perpetrated by Obado’s accomplices.
Prosecution argues that the three abductors or hit men are still at large and that they’ve evidence which links the governor and his accomplices to the commission of the heinous crime.
“Investigations reveal that the State has a very strong case and the accused and his accomplices,” the affidavit states.
The Governor lawyer Cliff Ombeta asked the court to grant their client bail on grounds that he would abide by its decisions. However, the prosecution mounted a fierce opposition to the argument.
Lawyer Cliff Ombeta argued that murder is a bailable offense adding that denying him will be infringing his constitutional rights.
In addition, the court heard that the accused will not interfere with witnesses.
“The prosecution should not forget there is witness protection. If a witness is vulnerable they should have put him there,” submitted Ombeta.
He added that the constitution provides that once an accused has been produced before court, then right to bail is self-activating.
Obado will spend two more nights at the Industrial Area GK Prison. This is after court denied him bail pending ruling by Lady Justice Jessie Lessit.
Mahakamani News is Kenya’s top court reporting and crime coverage website. If you have a case that needs coverage, or if you are facing injustice from powerful forces, fired unfairly or reporting any corruption or relevant news pertaining judiciary etc please contact us via email@example.com