The High Court Thursday ruled former Migori Governor Okoth Obado and two co-accused persons have a case to answer in the murder of university student Sharon Otieno.
Sharon and her unborn baby were killed on the night of September 3, 2018, in Homa Bay County.
Obado, along with Michael Oyamo and Caspal Obiero are facing charges related to the brutal killing of the expectant university student in 2018.
On November 8, 2024 parties completed final submissions in the case, with Obado arguing that the prosecution failed to present a strong case against him.
Through his lawyers Kioko Kilukumi and Rodger Sagana, the former governor submitted that he had an open relationship with Sharon Otieno and was willing to support her and their unborn child.
The defence also argued that there is no legal basis for charging murder in relation to a foetus, asserting that murder charges apply only to a person who has been born alive.
The prosecution led by Gikui Gichui and Allan Mulama concluded its case against the accused last year (2024) with the testimony of investigating officer Moses Ole Sena.
A total of 42 witnesses testified in the six-year-old case.
Obado’s lead lawyer senior counsel Kioko Kilokumi asked trial judge Cecilia Githua to find that the former Migori governor has no case to answer.
The prosecutors asked the court to find that Obado, his former personal assistant Michael Oyamo and a former Migori county employee Caspal Obiero have a case to answer and should be put on their defence.
They presented evidence showing that Oyamo is the one who allegedly liaised with Sharon on the fateful day before she rode in a vehicle that drove her to the death field in Homa Bay.
Justice Githua made her ruling Thursday.
Justice Githua said the evidence adduced by the Prosecution established that a prima facie case had been made to warrant the three being placed on their defence.
The Judge was in agreement with submissions made by the defense that by virtue of born alive principle which state that for a child to be a victim or anyone to be accused of murder, that child must be born alive.
“I have considered these submissions and I am in agreement that indeed the evidence adduced by the Prosecution in support of baby Sharon doesn’t support the charge of murder,” she said.
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