The High Court convicted former Migori Governor Okoth Obado, his former personal assistant Michael Oyamo and Caspal Obiero of the murder of Sharon Otieno, finding that the prosecution proved its case against the three beyond reasonable doubt.
In delivering the judgment, the court held that the evidence presented established that the three accused acted in concert, with each playing a distinct role in the commission of the offence.
The court found that Obado financed the execution of the crime, Oyamo played a key role in its execution, while Obiero participated in concealing the offence.
It ruled that their actions demonstrated a common intention and constituted malice aforethought.
Justice Cecilia Githua, further held that Obado’s absence from Migori County on the day Sharon was killed did not shield him from criminal liability, saying the evidence showed he was involved in planning and facilitating the murder despite being in Nairobi.
The court concluded that there was overwhelming evidence linking all three accused to Sharon Otieno’s death and found that the prosecution had proved every element of the offence of murder beyond reasonable doubt.
Consequently, the court convicted Okoth Obado, Michael Oyamo and Caspal Obiero of the offence of murdering the Rongo University student.
The real killers of the student have never been arrested.
The court said Obado’s claim that he accepted the pregnancy of slain university student Sharon Otieno was not sincere.
In her ruling on the high-profile murder case on Thursday, Lady Justice Githua said that Obado’s monetary offers to Sharon were not for supporting the unborn child but were to coerce her to abort.
“Obado’s claim that he had accepted Sharon’s pregnancy and was comfortable with it, which was demonstrated by financial support he offered, was, in my considered opinion not sincere,” he said.
“Obado had put pressure on Sharon to abort the pregnancy and gave her Ksh.30k, which pressure Sharon declined to accept following her mom’s advice. If indeed he was caring throughout the pregnancy as he alleged, my take is that he would not have distanced himself refuse to pick up his phone calls.”
The High Court also found that the prosecution proved Sharon died as a result of an unlawful act.
Justice Githua said the fact of Sharon’s death was not disputed and was proved through evidence presented by witnesses who recovered her body from the scene.
The judge further held that medical evidence established she died from multiple injuries inflicted on vital organs, including those that housed her unborn child.
“The prosecution has proved that Sharon’s death was not caused by natural causes or as a result of an accident. I have no hesitation in finding that her death was unlawful,” the judge ruled.
The court, however, observed that none of the 42 prosecution witnesses gave direct eyewitness testimony of the killing, noting that no witness actually saw Sharon being attacked.
Obado and his two co-accused, his former personal assistant Michael Oyamo and former Migori County clerk Caspal Obiero, are to know their fate nearly eight years after they were charged with Sharon’s murder in 2018.
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