Governor Okoth Obado wants Sharon Otieno's family lawyer George Wajackoyah disqualified.
The Homabay county boss says he will suffer prejudice if Wajackoyah proceeds as the lawyer since he holds privileged information.
Obado said that he is apprehensive the information may be revealed and/or shared with the prosecution in the course of the proceedings.
In documents filed in court, the governor said that on September 23, 2018 — two days after his arrest — the advocate paid him a visit at Gigiri Police Station and sought his instructions on the murder case.
Conflict of interest
"... he showed me correspondence between himself and the two offices and I was convinced that indeed he had good knowledge in criminal law practice. He further confirmed that the two offices cleared him to represent me," Obado stated.
In reply, the lawyer said he was surprised by the application and the allegations and that to sum it all up, it was a clear affront to the right of the victims to have representation by an advocate of their own choice.
The hearing of the case where Mr Obado is charged with the murder of Ms Otieno is scheduled for December 2 and December 3 this year.
Thirty witnesses have been lined up to testify against Governor Obado who is charged alongside his personal assistant Michael Oyamo and a clerk in Migori County Casper Obiero.