The High Court has ruled that former Migori Governor Okoth Obado, along with two co-accused, must answer to charges relating to the murder of university student Sharon Otieno and her unborn child.
The incident occurred on the night of 3 September 2018 in Homa Bay County, when Sharon, who was pregnant, was brutally killed. The case has drawn significant public attention, with Obado, Michael Oyamo, and Caspal Obiero facing accusations of her murder.
During the final submissions on 8 November 2024, Obado’s legal team, led by Kioko Kilukumi and Rodger Sagana, argued that the charges should be dropped, claiming the prosecution had failed to present a compelling case. They emphasised that Obado had a legitimate relationship with Sharon and had pledged to support both her and their unborn child.
The defence also raised a key legal issue, questioning the application of murder charges to a fetus, asserting that the law only recognises the killing of a born person as murder.
The prosecution, led by Gikui Gichui and Allan Mulama, had completed its case in 2024, presenting testimony from 42 witnesses. A crucial piece of evidence was Michael Oyamo’s involvement, as Sharon’s communication with Obado’s former personal assistant was cited before her abduction and transport to the location in Homa Bay where she was killed.
Despite objections from the defence, the prosecution argued there was sufficient evidence for the accused to stand trial. Senior counsel Kilukumi, representing Obado, asked Justice Cecilia Githua to find that his client had no case to answer.
Justice Githua, however, ruled that the prosecution had established a prima facie case. She agreed with the defence’s argument regarding the “born alive” principle, which stipulates that only a person born alive can be considered a murder victim. She stated, “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.”
While the judge dismissed the charges related to the unborn child, she clarified that the accused would still face charges in relation to Sharon’s murder. This ruling marks a significant step in a case that has kept the public captivated for over six years.
Obado and his co-accused now face the next phase of the trial as they prepare to defend themselves against the charges.