On Wednesday, a medic admitted to filling out medical documents for one of the accused in Sharon’s murder case without examining him.
Cliff Momanyi, a clinical officer, filled in the details of Michael Oyamo hours after Sharon’s kidnapping and subsequent death in Owade, Homa Bay county.
Migori Governor Okoth Obado, as well as his personal aides Oyamo and Caspal Obiero, are on trial for the murder of Sharon and her unborn child.
The three, as well as others who are not in court, are accused of committing the crime on September 3, 2018 in Owade.
Momanyi, who works at Kisii Teaching and Referral Hospital, claims that the information he filled out on the medical form is not stored at the hospital because he generated the documents on his computer.
The medic learned how to fill out the outpatient card from Justus Magati, who has yet to testify in the case.
He was the one who called Momanyi on September 4 and told him the patient’s name was Michael Oyamo.
Magati requested that medical documents be completed on Oyamo’s behalf. He also informed Momanyi about Oyamo’s injuries.
The witness told trial Judge Cecilia Githua that Oyamo was not physically present with him when he was filling out the medical records.
He also stated that one of the forms requested that Oyamo be referred from Kisii to Kisumu hospital.
According to Momanyi’s clinical notes, Oyamo was assaulted by unknown people and brought to the hospital while unconscious.
“Strangulation marks were visible. He was suffering from back pain and lower-limb weakness. That is what I included in the clinical note I wrote “According to the witness.
“The date was September 4, 2018. It was 12:01 p.m.”
When asked by the prosecutor how he knew Oyamo’s residence was Uriri, the witness said he was told by Justus.
But, just as the witness was getting into the finer points of his testimony, lawyer Elisha Ongoya stood up and demanded that Momanyi’s documents be removed as exhibits.
Obiero is represented by Ongoya.
He argued that the computer-generated outpatient card and referral card were inadmissible as evidence because the prosecution relied on copies rather than the original documents.
Ongoya also stated that the prosecutor is supposed to have provided the court with a certificate identifying the documents and describing how they were produced.
In a brief rejoinder, prosecutor Gikui Gichuhi stated that she would explain why they were using copies rather than originals.
She claimed that the original documents could not be produced because they were in the possession of the accused person, resulting in the inability to produce the original papers.
Even before that issue was resolved, the lawyer representing Oyamo asked to be excused, claiming he was ill.
Ogado Meso stated that he needed to seek an adjournment, but emphasized that he was unable to proceed and was in desperate need of medical attention.
All of the other lawyers, including the prosecution, agreed, saying it would be unethical to continue the case despite the obvious signs that the counsel was ill.
The case was scheduled to be heard until Thursday, and two more witnesses were scheduled to testify on Wednesday.
Due to new developments in the case, Judge Githua adjourned the case.
The judge ordered that the case be virtually mentioned on March 30 and that new dates for the next hearing be set.
So far, twenty witnesses have testified. There are nine people left.