Migori Governor Zachary Okoth Obado on Thursday appealed a court order denying him access to the slain Rongo University medical student Sharon Otieno's backyard.
Besides, Obado wants the court to give him his passport to enable him travel outside the country.
Issuing Obado with a Ksh5 million cash bail Justice Jessie Wanjiku Lessit spelled out strict terms including barring the governor from getting 20 kilometers close to Homa Bay County.
"The accused shall not go anywhere within 20km of Homa Bay County boundary and the court has the liberty to cancel your bail at any time,” the judge ruled.
However, Obado has argued that as a governor, his work involves travelling and shuttling mostly between Nairobi and Migori Town where his official residence and office are situated.
He further argued that the restriction which bars him from being within 20 kilometers of Homa Bay County means he can’t serve a significant number of his constituents located close to the five-border neighbouring County.
“As such it is impracticable for the accused to effectively discharge the constitutional mandate as the Governor of Migori County,” the application reads.
He further argued that the only mode of travelling to Nairobi from Migori town without violating the 20-kilometer perimeter rule forces him to incur heavy costs.
According to Obado, the only options available involve him chattering a flight or spend six hours longer if he travels by road.
This is because the Kisii-Suneka-Rongo route goes through the restricted zone forcing him to travel through the Trans Mara route which is longer.
“The Trans Mara Road also has a very rough terrain, making it extremely uncomfortable and torturous to travel on the road,” Obado adds.
On getting his passport back, Obado argued, “Having deposited all his travel documents to court, the accused cannot effectively execute his mandate as the Chair of the sub-Committee of the Council of Governors where part of his mandate is to represent the CoG in international, regional and local forums and conferences”.
