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Every Kenyan is presumed innocent until proven guilty and all avenues of appeal have been exhausted. So legally Okoth Obado is innocent.

The Constitution provides for how governors lose their positions through impeachment. There is no law that will expressly compel him to leave office.

Section 65 and the Ethics Act talk about bringing a public office into disrespect but there is no threshold. Morally, ethically and religiously, Obado should step aside.

But legally, there is no law compelling him to step aside, unless he resigns. That’s how it is. There’s the law and there’s public interest.

Public interest calls for him to resign but it is the same public that says everyone is presumed innocent. There’s a contradiction. The public has properly said in the Constitution that every Kenyan charged or not charged is innocent until proved guilty.

So the doublespeak on what people are asking is a contradiction. Obado legally has not been proved guilty.

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Morally, the people who are usually full of contradictions will be saying Obado should step aside. This is a country where the rule of law must be respected. Let him be convicted and all avenues of appeal exhausted.

But the public mood is always swayed by annoyance. But the annoyance is not the law, the law is above the annoyance and the questions Kenyans are asking.

The Constitution says if he is convicted and in prison over 12 months, that’s when he loses the seat. But if he is sentenced for six months, he will discharge his duties from prison. He will sign documents from prison.

Has he been convicted? Not yet. If court denies him bail on Thursday, there are two more layers. There is the Court of Appeal and there is the Supreme Court.

Still the duration he has been in custody is normal. But what if he is denied bail and his deputy decides to stage a coup and rallies MCAs and impeach him? That’s the only Obado will lose his position.

The lawyer spoke to the Star

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