This archive report was first published on 19 July 2019.
On July 19, 2019, Justice Jessie Lessit made a crucial ruling in the Sharon Otieno murder case, dismissing an application by two of the accused persons to have her recuse herself from the case.
Michael Oyamo and Caspal Obiero had filed an application for the judge to disqualify herself, alleging bias in her decision to deny them bail. However, Justice Lessit was adamant that they had not raised anything to prove claims of bias.
She noted that the applicants relied solely on her ruling on bail, which is not a conclusion of the case, to justify their claims of bias. The judge cited the principle 'he who alleges must prove' to emphasize the need for concrete evidence to support their allegations.
Despite dismissing the application, Justice Lessit acknowledged that the applicants have the right to appeal her decision.
The suspects, Oyamo and Obiero, had argued that comments by the judge, who denied them bond, caused them to believe their trial would be unfair. They also claimed that Justice Lessit released Migori Governor Okoth Obado on bail but denied them freedom due to bias and discrimination.
However, Governor Obado, who is one of the accused, was not party to the application. The suspects were later released on Ksh. 1 million cash bail each after successfully appealing their detention.
