Former Migori governor Okoth Obado and two others have a case to answer in the murder of Sharon Otieno, which occurred in September 2018.
High Court judge Cecilia Githua placed Mr Obado, his former personal assistant Mr Michael Oyamo, and Mr Caspal Obiero, a former clerical officer at Migori County Assembly, on their defence for the murder of Sharon.
“After considering all the evidence as well as oral and written submissions by counsel and all materials placed before me, I have concluded that there is sufficient evidence to put accused persons on their defence on count one (murder of Sharon),” said the judge.
The judge, however, said there was insufficient evidence to place the three accused persons on their defence for the murder of Sharon’s unborn baby.
The feotus was about 28 weeks and the court said the evidence supplied by the prosecution did not support murder against the trio.
“We respectfully submit that under the provisions of the Penal Code, one cannot be charged with the offence of murder of an unborn child under section 203 as read with Section 204,” his lawyer senior counsel Kioko Kilukumi had submitted.
The case will be mentioned on February 25 when the accused persons will decide whether they will give sworn or unsworn evidence and whether they will be calling any witnesses to their defence.
26-year-old former Rongo University student and her unborn baby were killed on the night of September 3 and 4, 2018, in the Owade area in Rachuonyo, Homa Bay County.
She was murdered after being abducted alongside a journalist but who managed to escape, after allegedly jumping out of the vehicle.
Mr Obado was charged with the murder on September 24, 2018, with the murder of Sharon and spent several months in remand before he was released on bond by the Court of Appeal.
Fourty two witnesses testified in the trial. Mr Obado had defended himself saying he was at Raila Odinga’s residence in Karen the day Sharon was murdered.
Mr Kilukumi had indicated that the prosecution concedes that he did not personally commit the act and testified that he was in Nairobi when she was murdered.
The lawyer said the prosecution’s theory that he either aided or abated or procured other persons to commit the offence of murder, cannot stand as no evidence at all was tabled to prove the claims.
He argued that he was arrested due to public pressure and that he cooperated with the police at every stage although his incarceration led to untold suffering to himself, his family, and Migori County where he was the chief executive officer.
“Your Ladyship, the prosecution’s charges against the 1st Accused (Mr Obado) had been brought because his personal assistant and clerical officer at the County Assembly (being 2nd Accused and 3rd Accused respectively) are suspected of the offence, then he (the 1st Accused) is suspected or assumed to have either enabled, aided, abated, counselled or procured the commission of the offence,” Mr Roger Sagana submitted.
Mr Sagana said Mr Obado can only be held personally liable for his actions, which violates Criminal Laws.
