(KDRTV)-A Nairobi High Court has rejected a petition seeking to transfer Governor Okoth Obado`s case to Migori county.
The application was filed by Joram Otieno who is also one of the accused
Justice James Wakiaga said that he critically considered the matter raised by Otieno but found no merit in it.
The justice also noted that all other accused were comfortable with the case being handled in Nairobi and thus he would not transfer the case because of an individual.
“In this matter, it’s only Otieno and his related companies who approached the court for the transfer. All the other accused persons though served are silent on whether they would like the matter transferred,” the judge ruled.
The justice also indicated that there was no indication that the trial in Nairobi would not be free and fair.
“The only issue raised is hardship but he had not supported that by any evidence of his inability to attend court and mount a defence in Nairobi,” he ruled.
On the other hand, the DPP also rejected the application saying that since the accused person`s status in Migori would not permit a free and fair trial
According to Otieno`s lawyer Kithi, the offenses were allegedly committed in Migori county but the charges were filed in Nairobi which lacks territory jurisdiction over the case.
“The discovery process is ongoing but the part already discovered confirmed that all the witnesses reside in Migori or are available in Migori and Otieno as well as all the accused persons hail from Migori and as such, there is a blatant disregard of the locus, cost and convenience of the trial,” Kithi argued.
Otieno claimed that the deliberate filling of the case in Nairobi was just to deny him a chance to get justice.
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