A Nairobi high court has today dismissed an application by former Migori Governor Okoth Obado’s aide to be allowed to testify as the last person after his witness to allow him time to prepare for his testimony.
Michael Oyamo had made an application before Justice Cecilia Githua seeking to be allowed to go last saying he had not received the call data that he will use in his defense so he wanted his witnesses to go first.
However, the prosecution strongly opposed the application by Oyamo saying as per the law there is no way he could go last because he has to be the first to testify so that he is in court when the others are giving there evidence.
State Counsel Gichuhi Gikui told court that Oyamo should be in court through the trial and at no point is he supposed to be out and by him seeing to the testify last means he can’t be in court while they are testifying which is not in law.
“An accused persons cannot be outside the trial of his case at any point of the proceedings,” Gichuhi argued.
In her ruling, Justice Githua agreed with the prosecution that it is a matter of law that the accused must begin with his own evidence before the witnesses takes the stand.
“I therefore decline the application. He must lay the foundation for his case, and if he chooses, he may call his witnesses afterward to support his defense,” she added.
The court further noted that while an accused person has the discretion to decide whether to make an opening statement, they are required by law to present their own evidence first.
He was supplied with the data calls by Safaricom which he told court are crucial to his defense case and he says he will use to defend himself in the murder case.
In the case, Oyamo is charged alongside his former boss Obado and Casper Obiero for the murder of university student Sharon Otieno and her unborn baby.
The court found that they each had a case to answer and put them on their defense to show the court their innocence and prove that they did not kill her.
