Former Migori Governor Okoth Obado, his former personal assistant Michael Oyamo and Caspal Obiero have been convicted of the murder of Rongo University student Sharon Otieno, bringing to an end a trial that has lasted for more than seven years.
Delivering the judgment on Thursday, Justice Cecilia Githua found that the prosecution had proved its case against the three accused beyond reasonable doubt, holding that they acted with a common intention to unlawfully kill Sharon.
“It’s therefore my finding that the prosecution has proved its case against the first (Obado), the second, and the third accused persons beyond reasonable doubt. I consequently find each accused person guilty of the offence of murder,” the judge ruled.
The court found that each of the three men played a distinct role in the killing. Justice Githua held that Obado financed and instigated the murder, Oyamo played a central role in executing the plan, while Obiero helped facilitate and conceal the crime. Their actions, the court ruled, demonstrated malice aforethought and a shared intention to commit the offence.
The judge further held that Obado’s presence in Nairobi at the time Sharon was killed did not absolve him of criminal responsibility, saying the evidence showed he was involved in planning and facilitating the murder despite not being at the scene.
Following the conviction, the court revoked the trio’s bond after the prosecution successfully applied to have them remanded in custody pending sentencing.
The judgment followed a lengthy trial in which the court heard testimony from 42 prosecution witnesses, considered 81 exhibits and received submissions from both the prosecution and defence.
Sharon, who was 28 weeks pregnant, was abducted, raped and murdered on September 3 and 4, 2018, in Owade, Homa Bay County.
In its findings, the court rejected Obado’s defence that he had accepted Sharon’s pregnancy and continued supporting her financially. Instead, Justice Githua found that after learning of the pregnancy in March 2018, the former governor became increasingly concerned about the affair becoming public and gradually withdrew his support.
“It cannot be a coincidence that he developed concern when publication emerged. Obado clearly wanted to contain it from the scope it had reached,” the court observed.
The court found that Sharon had repeatedly demanded that Obado publicly acknowledge the pregnancy and provide her with a house, a car and employment, warning that she would expose their relationship if he failed to do so.
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Justice Githua agreed with the prosecution that money sent to Sharon through intermediaries was not intended to support her welfare but to prevent her from making the relationship public.
“I am persuaded to agree with the prosecution that the money given to Sharon through XYZ and Oyamo was not genuinely intended for her wellbeing, but to manage or make Sharon abandon her bid to make the relationship public, as they devised a scheme to eliminate her,” she ruled.
The court also relied on evidence from Sharon’s close friend, who testified that Obado had urged her to terminate the pregnancy, allegedly giving her Sh30,000 for an abortion and directing her to communicate through Oyamo on matters relating to the pregnancy.
Audio recordings presented during the trial were also said to capture Obado pleading with Sharon not to publish photographs of them on social media and urging her to procure an abortion because “time was running out.”
Further testimony from a family friend who attempted to mediate between the two showed that Obado had promised to buy Sharon land and build her a house if she abandoned plans to publicise the affair. However, the court concluded that those promises were merely intended to buy time while a plan to eliminate her was being executed.
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