Former Migori Governor Okoth Obado and his two co-accused in the murder of his former lover Sharon Otieno intend to call 11 defence witnesses in court to fight off prosecution's evidence on their alleged involvement in the crime.
Appearing before High Court judge Cecilia Githua at the High Court in Milimani Nairobi on Tuesday, Mr Obado said he would call two witnesses.
His co-accused Michael Juma Oyamo and Casper Obiero said they would call four and five witnesses, respectively, in their defence.
Mr Oyamo was Mr Obado’s personal aide while Mr Obiero was a staff in the county government during the murder incident that happened more than six years ago.
The trio were put on their defence by the trial judge last month over the murder of the 26-year-old university student whose body was found in a forest on September 4, 2018.
Mr Obado and Mr Oyamo also told court they would provide sworn personal evidence while Mr Obiero said his would be unsworn.
"I will give a sworn statement and I intend to bring two other witnesses during my defence hearing," Mr Obado told the Judge.
Prosecutors requested to be furnished with statements of the defence witnesses ahead of the eight-day hearing scheduled for April 23, 24, and 25, 2025. Further hearing is fixed on May 19 to 23.
During hearing of the prosecution's case, Mr Obado defended himself, saying he was at the residence of former Prime Minister Raila Odinga in Karen, Nairobi, on the day Sharon was murdered.
He also stated that he was arrested due to public pressure and that he cooperated with the police at every stage of investigation although his incarceration led to untold suffering to himself, his family and Migori County where he was the governor.
Last month, the judge ruled that the three accused persons have a case to answer since the prosecution had established a strong case against them.
Justice Githua determined that the prosecution had tabled credible evidence indicating a coordinated murder plan leading to Sharon’s tragic death.
"After considering all the evidence as well as oral and written submissions by counsel and all materials placed before me, I have come to the conclusion that there is sufficient evidence to put accused persons on their defence on count one (murder of Sharon),” said the judge.
Justice Githua, however, said there was insufficient evidence to place the three accused persons on their defence for the murder of Sharon’s unborn baby.
The foetus was 28 weeks at the time of the murder and the court said the evidence supplied by the prosecution did not support murder against the trio.
Sharon was a wife, mother of three children and a second-year Medical Records and Information student at Rongo University.
She was murdered after being abducted along with a journalist who managed to escape, after allegedly jumping out of the vehicle. Police documented the circumstances of her murder using 213 photographs.
During hearing of the prosecution's case, the State called 42 witnesses key among them government pathologist Johansen Oduor, who showed the bloody clothes Sharon was wearing during the murder that happened on the night of September 3, 2018 and the two stab wounds inflicted on the foetus.
The prosecution witness demonstrated to court more than 100 gory and graphic photographs of the bodies of Sharon and the foetus.
The photos showed the seven stab wounds inflicted on Sharon before death and multiple injuries she suffered on various parts of the body while being tortured by her killers inside a forest in Homa Bay.
She was stabbed on the lower abdomen and the back while her male foetus was stabbed at the abdomen. The pathologists formed opinion that Baby Sharon died out of sharp abdominal trauma.
Another key witness was John Kimani, a medic who said from the DNA tests, the foetus was fathered by Mr Obado.
Mr Obado's lawyers told court his relationship with Sharon was open secret and that he took responsibility and made plans to take care of Sharon and the unborn child by purchasing her a home in Homa Bay.
After getting pregnant, the court was told, she was going through emotional pressures since Mr Obado had cut off any communication with her and had refused to support her.
