THE family of slain university student Sharon Otieno has urged the court to dismiss an application seeking the disqualification of Justice Jessie Lessit from trying their daughters murder trial sauying its is a delay tactic.
In documents filed in court, the family says the application by Michael Oyamo, a personal assistant to Migori governor Obado, and Casper Obiero, a clerk in Migori county, is merely meant to delay and frustrate the determination of the case.
The family says the matter should proceed to pretrial since no justifiable reason has been advanced to warrant the recusal of the Judge.
The DPP has also asked court to dismiss the application by Oyamo and Obiero.
When the case came up for hearing, Oyamo and Obiero told the court that they needed time to go through the documents filed by the family and the state in response to their application which is seeking justice Lessit’s recusal.
The suspects also sought to know whether the family can participate in the proceedings when matter is being prosecuted by the State.
In a swift rejoinder, the judge said the victims participation will be confined to issues of bond which has already been overtaken by events.
And as per their participation in the trial, it will be decided during the pretrial conference but for now their interest will be represented by the state.
Lessit further directed that the Oyamo and Obiero file their responses to the states application and that of the family ahead of the hearing on May 29 2019.
Oyamo and Obiero want the Judge disqualified on grounds that they are apprehensive she will not give them a fair trial.
Their fear is informed by the decision of the judge to deny them bond even as she granted their co-accused, the governor.