High Court Judge, Justice Cecilia Githua dismissed an application by the Prosecution to have the former Migori Governor Okoth Obado and two others sanctioned over interfering with witnesses in the Sharon Otieno murder trial.
In her ruling, Justice Cecilia Githua said that although witness interference is a serious allegation and amounts to an offence, the prosecution failed to table sufficient grounds and evidence to warrant the court to take action against the accused persons.
Justice Cecilia Githua issued the ruling after Jackson Gombe a taxi driver who allegedly ferried Sharon to Kodera Forest where she met her death said he had been threatened.
The prosecution told the court that Gombe is apprehensive of his life.
The defence led by Professor Ogoya objected to the application saying it amounts to prejudice to the accused persons.
They also told the court to give consideration that no affidavit or evidence was tabled by the prosecution.
The judge said the court can’t make directions based on statements from the bar.
“No sufficient basis has been established to warrant intervention by this court by way of ordering probe in the manner proposed, “
Githua agreed with the prosecution that allegations of interfering with witnesses if true are serious because they will amount to interference with witnesses which the court can not take lightly.
She however said for the court to take any action on such allegations they must be substantiated by evidence which has not been done by the prosecution counsels.
The judge however proceeded to issue a general warning against the accused persons saying the court will not hesitate to take action including canceling the accused bonds if it becomes evident that they are interfering with witnesses.
