Governor Obado To Stay In Remand For 12 Days, Ruling On BAIL Application on 24th

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Governor Obado To Stay In Remand For 12 Days, Ruling On BAIL Application on 24th

Justice Jessi Lessit has fixed October 24th as the date she will deliver her ruling on whether to grant bail to Governor Okoth Obado. The good governor who is accused of murder will have to endure 12 more days at Industrial Area Prison remand.

Obado who seem to be used to his new status afforded smiles with supporters who also offered prayers inside the court.

Read also: Why Governor Obado Is In More Trouble Over Sharon’s Unborn Baby

The court gave out the date after hearing submissions from parties in the case.

The prosecution insisted that Obado and his co-accused Michael Oyamo and Caspal Obiero should not be released on bail.

This is Obado’s second attempt at securing bail in the Sharon Otieno murder case.
The trio are also facing a fresh count of murder after the court allowed the prosecution to amend the charge sheet to include that of Sharon Otieno’s baby.

On October 8, the trio pleaded not guilty to the murder of 26-year-old Sharon Otieno.
Read also: Why ODPP Will Fail On The 2nd Murder Charge Against Governor Obako, too much Prosecutorial Activism

By Charles BG Ouma adds:>>

I find the 2nd murder charge against Obado jurisprudentially preposterous, ethically callous and irredeemably speculative..

Life may begin at conception.Thus says CoK 2010!, But the penal code defines the word ‘person’ restrictively. A ‘life’ is not ‘ a person’ for purposes of section 204 of the penal code.

Under our legal system, a person cannot be charged with an offence unless the same is defined and the penalty therefor prescribed by written law. Nullum crimen sine lege.

Section 214 and 216 of the penal code necessarily exclude an unborn foetus from the definition of a ‘person’ in section 204 of the penal code!

Criminal statutes are construed strictly; not broadly, not fancifully so as to bring within the ambit of statute meanings not contemplated by parliament .

Section 204 of the penal code cannot be amended through the constitution. That is the role of parliament and unless and until parliament amends section 204. to extend to the unborn, one cannot murder an unborn foetus and there is no room for prosecutorial activism in the interpretation of section 204.

Let us not wrought uncalled for violence to the meaning of the word ‘person’ as used in the penal code.

With every passing day, i get less convinced that the ODPP has a case against governor Obado and more convinced that the ODPP is callously engaging in a despicable scheme to met out as much pretrial punishment on Obado as an apparently gullible Judiciary can permit. I hope i am wrong. I fear i am right!

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