An application by Migori Governor Okoth Obado to postpone the Sharon Otieno murder case has been rejected.
Obado had claimed that he cannot travel to Nairobi for the trial because of Covid-19 restrictions in Nyanza region.
Through lawyer Kioko Kilukumi, Obado told the court that it would be risky to have the trial continue at a time when there is a risk of the COVID-19 Delta variant which has reportedly been detected in Migori county.
“The request is not a move to delay the case, we were simply drawing the attention of the court to a public risk if we were to violate the guidelines issued by the Ministry of Health,” Kilukumi submitted.
But the prosecution, through lawyer Catherine Mwaniki, strongly opposed the application for deferment saying the case has been in court for too long.
“This is a 2018 matter which has never started, we take cognizant of the COVID-19 issue,” said Mwaniki, adding that the matter is of public interest and that there’s no evidence to show that there’s a Delta variant.
Justice Cecilia Githua directed that the case proceeds from Monday, July 12th to 15th at a tent outside the Milimani Law Courts, Nairobi.
The trial judge also directed the prosecution to avail two witnesses a day.
“The number of participants will be restricted to the accused person, their lawyers, DPP team, and the victim’s family,” the judge ruled.
The case was scheduled for hearing for 10 days.