Parties in a case involving the murder of university student Sharon Otieno are seeking to have the trial postponed, citing Covid-19 restrictions.
The trial was scheduled to commence on Monday and for the next two weeks.
Appearing before Justice Cecilia Githua on Monday were Kioko Kilukumi and Rodgers Sagana for Migori Governor Obado; Prof Tom Ojienda for second accused Micheal Oyamo and Elsiha Ongoya for third accused Casper Obiero.
The DPP is being represented by Catherine Mwaniki.
On June 17, the Minister for Health designated 13 counties, among them Migori as a Covid-19 hotspots over the fast spread of the delta variant in Western region.
Kilukumi said on June 25, he received a copy of a letter authored by Tom Ojienda addressed to the DPP. The essence of that letter was bringing to the attention of the DPP the guidelines issued by the ministry.
Upon receipt, Kilukumi sought instructions from his client. His client instructed him to write to the DPP and to the court drawing its attention to the existence of the guidelines.
Kilukumi told the court the request they made to court was not a deliberate move to delay or postpone hearing of the case.
“We were simply drawing the attention to court to a public health risk if we were to violate the guidelines issued by MOH.”
“We seek to have trial conducted at a time there will be minimal risk to lives of Judicial officers, prosecuting and defense counsels, victims of this crime and generally the greater risk of a virus being transferred to the entire community.
“It’s not the intention of Obado to delay or derail prosecution of this matter.”