Prosecution opposes non-custodial sentence for Obado in Sharon Otieno murder case
The prosecution opposed a plea by the parents of slain Rongo University student Sharon Otieno for a non-custodial sentence against former Migori Governor Okoth Obado, urging the High Court to consider the public trust he held when the murder was committed.
Prosecutor Gikui Gichuhi told the court that Obado was a public servant at the time of the offence and had abused the trust placed in him by the public. Gichuhi argued that the circumstances surrounding the murder should be taken into account as the court considers the appropriate sentence for Obado and his co-convicts.
The prosecutor further submitted that the mitigation presented on Obado’s behalf could not justify or excuse the taking of a life. The court was also told that although Sharon’s parents had pleaded with the court to release Obado, their views should not be treated as the determining factor in sentencing.
According to the prosecution, murder is an offence against the State and sentencing should therefore serve a broader purpose beyond the wishes of the victim’s family. Gichuhi urged the court to impose a sentence that would deter similar offences and strengthen public confidence in the Judiciary.
Sharon, 26, was abducted in Rongo, Migori County, on September 3, 2018, after leaving a hotel in the company of a journalist. Her body was discovered the following day in a thicket near Kodera Forest in Homa Bay County.
An autopsy established that Sharon had suffered severe stab wounds. She was also 28 weeks pregnant at the time of her death, and the injuries resulted in the death of her unborn child. Following the murder and the ensuing public outcry, Obado, Michael Oyamo and Casper Obiero were arrested and charged with Sharon’s murder.
After the prosecution closed its case, the three accused persons were placed on their defence. Obado admitted that he had been in a relationship with Sharon but denied participating in her murder. In his defence, he argued that their relationship could not constitute an offence because Sharon was an adult who had attained the constitutional age of majority.
The trial concluded with the High Court finding all three accused persons guilty of murder in July 2026.
The court is scheduled to sentence Obado, Oyamo and Obiero on November 27, 2026.
The court is scheduled to deliver their sentences in the case involving the death of journalism student Sharon Otieno.
The three are expected to appear before the court for sentencing following their conviction and mitigation.
The ruling will determine the penalties to be imposed on each of them.
During the sentencing proceedings, the victim’s parents had asked the court to consider a non-custodial sentence for Obado, citing that they had maintained a cordial relationship with the former governor, including during the period Sharon was still alive.
Douglas Zachariah Otieno, who spoke for the first time about his daughter’s death after nine years, told the court that Obado had sent relatives to his home seeking reconciliation.
“He sent his relatives to my home for reconciliation. That is why I have come down to this end to talk to him. If the court agrees to a non-custodial, that will be okay with me because he is remorseful,” he said.
The prosecution acknowledged the parents’ wish for reconciliation, noting that their views were relevant to the sentencing process. It stressed, however, that the family’s position could not determine the outcome.
“This is an offence against the state… the court is the ultimate decision maker,” the state submitted.
On their prior criminal records, the prosecution indicated that the three may be treated as first offenders, but urged the court to factor in the circumstances of the offence when handing down sentence.
The court will review submissions from the prosecution, the defence and Sharon’s family before determining the appropriate sentence.
