Main suspect in Sharon murder protests forced DNA test
Michael Oyamo, the main suspect in the murder of Rongo University student Sharon Otieno, has been denied bail as he protested against forced DNA extraction.
Homa Bay Senior Resident Magistrate Lester Simiyu yesterdat ruled that Mr Oyamo remain in police custody until today when he will be charged.
Ms Simiyu said that although Mr Oyamo has been in custody for a while now, "his freedom is not safe for social order".
The prosecution had requested to have Mr Oyamo detained for 10 more days as they conduct investigations but Ms Simiyu declined, granting them only 24 hours.
The defence team — consisting of Neville Amollo, Jane Ashioya and Rogers Miisai —claimed that the investigators violated Mr Oyamo's rights by extracting DNA samples illegally.
“Mr Oyamo told investigators to wait until his lawyers were around for the DNA samples to be taken, but they went ahead and did it against his will,” said Ms Ashioya.
She also stated that the sus- pect was moved to Oyugis police station against the law.
The lawyers also challenged the court's jurisdiction to determine a murder case, arguing that only the high court has such mandate.
Ms Simiyu said that as per the Constitution, a suspect, after being arrested, must be brought before a court.
"So according to the Constitution the suspect is properly before me .... I am the deputy registrar. And I am also in order stepping in for the duty judge who is away on leave," she said.
The magistrate directed Home Bay officer commanding police station (OCS) to ensure the suspect is safe. "Mr Oyamo will not only be accessed by his lawyers but also by Lillian Wema and any other close family member, spouse or child," she ruled.
Mr Oyamo, the Migori Governor Okoth Obado's personal assistant, was arrested over the murder of Ms Otieno last week.
Ms Otieno was abducted alongside Nation reporter Barrack Oduor who managed to escape.
She alleged that Mr Obado was responsible for her pregnancy but had cut off communication between them.
Mr Obado, through his lawyer Cliff Ombeta, says he is innocent.
Post-mortem by Chief Government Pathologist Johansen Oduor showed Ms Otieno was stabbed eight times.
Oyamo has been in custody for a while, [but] his freedom is not safe for social order LESTER SIMIYU | MAGISTRATE
Mr Michael Oyamo in court yesterday.