The High Court has ordered former Migori Governor Okoth Obado’s Personal Assistant (PA), Michael Oyamo—who is the second accused person in the murder of the late Sharon Otieno—to serve the Prosecution with documents he relied on during his defence hearing.
The Directorate of Public Prosecutions (DPP), through Assistant Director of Public Prosecutions Gikui Gichui, had filed an application requesting the second accused to serve them with documents he produced in court during his defence, to enable the state to prepare for cross-examination.
However, the application by the DPP was vehemently opposed by Oyamo’s lawyer, Ogada Meso, who said that the defence has no duty to disclose the documents, citing that it is the Prosecution’s duty to prove the case against an accused person.
In a ruling delivered virtually by Lady Justice Cecilia Githua, she stated that, considering the submissions made by the defense—that an accused person does not have a duty to disclose in advance the evidence he intends to rely on in his defense—such duties are imposed by the Constitution under Article 50(1)(2)(j) on the Prosecution.
However, Justice Githua noted that the court observed the application by the DPP was not made before the accused presented his defence, but after Oyamo had already presented his defence in court.
“Therefore, I find that the Prosecution’s application does not contravene Article 50(2)(j) of the Constitution as it does not seek to compel Oyamo to disclose the evidence he intended to use in his defence. That evidence has already been disclosed and some of it is before the court,” Justice Githua ruled.
Justice Githua also stated that if the court were to allow the application, it would not occasion any prejudice to Oyamo, saying that his lawyer would have an opportunity to re-examine him in the event that any issue arises during cross-examination by the DPP that requires clarification.
Further, she ruled that the application by the state was merited and ordered that Oyamo serve the DPP with the requested evidence and documents marked for identification within the next 14 days.
“I am therefore satisfied that the application by the Prosecution has merit and it is hereby allowed. I consequently order that the respondent (that is, the second accused, Michael Oyamo) shall supply to the Prosecution all the documents marked for identification in the course of his evidence, including documents marked, within the next 14 days,” Justice Githua ruled.
She also directed the Deputy Registrar to supply the Prosecution with copies of documents produced as defence exhibits by Oyamo within the same period.
Oyamo gave his last defence on May 23, 2025, when the DPP, through Assistant Director of Public Prosecutions Gikui Gichui, said that they were not prepared to proceed with cross-examining him.
She cited that the defence team had produced new evidence in documents that they did not previously have, and they needed time to review them.
“My lady, we will be requesting for time so that we can consult with the Investigating Officer (IO) on the matter concerning the new exhibits, like the travel documents and a bundle of Safaricom documents that the accused produced during the defence hearing,” Prosecutor Gichui told the court.
Further, she requested an adjournment and urged the court to direct the defence team to provide them with copies of all the new documents presented to court, stating that they would form the basis of her cross-examination.
Martin Oduor
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