This archive report was first published on 19 July 2019.
On May 29, 2019, Migori Governor Okoth Obado, his personal assistant Michael Oyamo, and County Clerk Casper Obiero appeared in a Nairobi Court during the hearing of an application for Lady Justice Jessie Lessit to recuse herself from the case.
On July 19, 2019, Lady Justice Lessit delivered her ruling, stating that claims of bias against Obado and two co-accused persons in the case had not been proven in the application for recusal.
"He who alleges must prove and in this case the two applicants have failed to prove bias of this Court," Lady Justice Lessit ruled.
Obado and Oyamo had claimed that the judge had a fixed mind on the case, but Lady Justice Lessit explained that there was no instance during the hearing that she had made an adverse comment which would insinuate she had made up her mind on the outcome of the case.
The accused persons had sought Justice Lesit's recusal on grounds that having previously denied them bail they are unlikely to get a fair trial. However, Lady Justice Lessit defended her decision to deny them bail, saying it was premised on the likelihood of possible interference of potential witnesses.
The court said Obado and Oyamo had failed to prove conflict of interest on the part of the trial judge.
