Days before Governor Okoth Obado is due back in court in the legal process to determine his innocence in the Sharon Otieno murder, the Migori County boss has applied for bail for a second time after his first attempt was disallowed by the High Court.
The Governor has by now received witness statements from the prosecution, a factor that had led to the throwing out of his bail request the first time round after Justice Jessie Lessit ruled that without the statements, all factors required to rule as to the bail application had not been met.
Governor Obado, who was rushed to hospital on October 3 from his remand station at Industrial Area Remand and Allocation Prison, has also stated that his physical condition was deteriorating due to a severe back problem.
Among other reasons, the Migori county chief says he should be released on bail so as to allow his doctors to monitor his condition.
The Governor also reiterated that bail was a constitutional right, and claimed that his cooperation with investigators so far was a legitimate reason why he should be granted bail. Governor Obado also said that none of the witnesses has told the authorities that they have faced intimidation from the Migori county boss.
Governor Obado is due in court on October 8 where the State prosecution intends to consolidate his case with that of his personal aide Michael Oyamo and a Migori County clerk Caspal Obiero. All three have been charged with the murder of a 26 year old pregnant Rongo University student, Sharon Otieno.
Governor Obado, Mr. Oyamo and Mr. Obiero have all pleaded not guilty to the murder charge.
During his previous bond application, Governor Obado had argued on the constitutionality of being granted bail, claiming to deny him would be to infringe the presumption of innocence until proven guilty status that is afforded to every accused person.
Justice Lessit however had ruled that bail application was a right that could be limited by the State in so far as there are compelling reasons amid other factors.
On September 25, the prosecution had said that the the compelling reasons to deny the Governor bond were the severity of the sentence if the Migori county boss is convicted and the likelihood of Governor Obado interfering with prosecution witnesses, some of whom are from the Migori county government.