Sharon Otieno murder: High Court sets to decide on Obado’s fate in January
Ms Sharon Otieno.
The High Court will in January decide the fate of former Migori governor Okoth Obado and his two co-accused in the murder of Rongo University student Sharon Otieno.
This follows the conclusion of the prosecution and defence case before Justice Cecilia Githua on Friday, with the accused urging the court to declare that they have no case to answer.
Mr Obado's argument before the High Court was that the real killers behind Sharon's brutal murder were still at large.
Through Senior Counsel Kioko Kilukumi, Mr Obado said that none of the 42 witnesses called by the prosecution placed him at the scene of the crime.
Mr Obado, who is charged alongside Michael Oyamo and Casper Obiero, says he was at the "residence of Orange Democratic Movement leader Raila Odinga" on the night Sharon and her unborn child were killed.
All three accused have urged Justice Githua to acquit them, saying the prosecution is trying to advance a theory it cannot prove.
Mr Obado is charged with the murder of Sharon, which took place on the night of September 3, 2018 in Homa Bay County. Mr Oyamo was his personal assistant, while Mr Obiero is a former employee of Migori County.
The prosecution closed its case two months ago, with lead prosecutor Nicholas Ole Sena stating that there was no evidence that Mr Obado had any knowledge of Sharon's murder.
On Friday, it was the defendants' turn to make their submissions on why they should not be charged with the murder.
Mr Kilukumi said there is no evidence linking Mr Obado to Sharon's death.
“The entire case as it relates to Mr Obado is about the relationship, pregnancy, the money he gave her for upkeep and plans to buy her a home,” he said.
He said the sexual relationship Mr Obado had with Sharon was an open secret as it was known in the county offices. It was also no secret to Obado's wife, his son and Witness XYZ, a key witness in the case.
Mr Kilukumi submitted that when Sharon became pregnant, Mr Obado was not sure whether he was responsible for the pregnancy or not. He doubted that he had exclusive sexual access to the deceased.
However, this was later confirmed by a DNA test. Mr John Kimani, the prosecution's third witness, who is a medical doctor, said the test showed that the baby Sharon was carrying was sired by Mr Obado.
But Mr Kilukumi said that even after it was proven that Mr Obado was the father, he took responsibility and made plans to care for Sharon and the child. The court heard that Mr Obado was to buy her a house in Homa Bay and a plot of land worth Sh800,000. She was also to receive at least Sh200,000 from Obado as proof of his willingness to look after her and the child before she died.
In his submissions, Mr Kilukumi said the case against his client was entirely based on circumstantial evidence. The evidence that Sharon and Witness XYZ were lured into a vehicle with four men inside was far-fetched, he said.
“It is these four men who killed Sharon, and none of them stands in the dock today,” said Mr Kilukumi. “The investigators never got a hold of the actual killers. We will never know what motivated them to kill. It will remain a matter of conjecture unless the killers are brought to book.”
The four men include taxi driver Jackson Gombe, who allegedly drove Sharon to the scene of the crime. Mr Obado questioned why Mr Gombe was never charged if he was indeed the driver.
Mr Kilukumi asked the court to look at the circumstances and the evidence on record and find that his client was in no way involved in Sharon's murder.
Another defence lawyer, Mr Meso Ogada, said that all the evidence against Mr Oyamo was a fabrication and did not place the accused at the scene of the crime.
On the other hand, the prosecution, led by Mr Gikui Gichuhi, said that from the evidence they had presented, the court should find that there was a clear chain of events linking the defendants to the murder.
The prosecution presented forensic and medical evidence through expert witnesses. They also referred the court to a "false narrative" in which Mr Oyamo fabricated his alleged kidnapping on the same night Sharon was murdered in order to conceal his alleged involvement in the crime.
“We believe that from the evidence provided, the exhibits admitted, we have been able to show the court a network of collaborated evidence revealing how the accused persons worked together to abduct and eventually murder the two deceased persons,” the prosecution said.
On January 30, 2025, Justice Githua will deliver a ruling on whether to acquit the accused.
