Main sus­pect in Sharon mur­der protests forced DNA test

Business Daily (Kenya) - - FRONT PAGE - Rushdie Oudia roudia@ke.na­tion­media.com

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

TONNY OMONDI

Mr Michael Oyamo in court yes­ter­day.

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