Obado, co-convicts to learn fate on November 27 over Sharon murder

NAIROBI, Kenya, Sep 16 – The High Court will on November 27 deliver the sentences of former Migori Governor Okoth Obado and his two co-convicts following their conviction for the murder of Rongo University student Sharon Otieno.

Justice Cecilia Githua set the date on Wednesday after hearing mitigation submissions from the prosecution, the victims’ family and the defence teams.

The ruling will be delivered after the court’s annual recess, with Justice Githua saying the break had necessitated the postponement of the sentencing.

“We will deliver ruling on sentence on November 27. You will recall that I had indicated that the court is commencing its annual leave tomorrow and that’s why it will be delivered then,” Justice Githua said.

Obado, 64, was convicted alongside his former personal assistant Michael Juma Oyamo and former Migori County official Caspal Ojwang Obiero on July 23 after the court found that the prosecution had proved the murder case beyond reasonable doubt.

The three will now remain in custody until the court determines the appropriate punishment, with the judge expected to consider the circumstances of the offence, individual culpability and the mitigation presented by each convict.

Prosecution appeal

During the mitigation hearing, State Counsel Gukui Gichuhi urged the court to impose sentences that reflect the seriousness of the offence, protect the interests of the public and uphold confidence in the administration of justice.

The prosecution asked the court to assess each convict individually while considering factors such as whether they were first offenders, their previous character, physical condition, prospects of rehabilitation, remorse, reconciliation, personal and family circumstances and the period they have spent in custody.

The State also told the court there was no evidence of provocation, self-defence or other sudden circumstances that could substantially reduce the convicts’ responsibility for the offence.

The Director of Public Prosecutions has separately asked the court to consider the circumstances surrounding the murder and the individual role played by each of the three men when determining their sentences.

For Sharon’s family, the sentencing has come after nearly eight years of emotional and financial strain following her death.

In a victim impact statement, the family said it had spent about Sh1.2 million attending court proceedings, including travel, accommodation and meals, while another Sh3.5 million was spent on funeral and burial expenses.

The financial burden, the family said, had forced them to sell a one-acre piece of land and a cow to meet some of the costs. They also sought compensation to help meet the needs of Sharon’s children, siblings and ageing parents.

Sharon, 26, was seven months pregnant when she was killed in September 2018. She was a second-year Rongo University student pursuing a diploma in Medical Records and left behind three children, who are now aged between nine and 12.

The family told probation officers that the prolonged case had left them emotionally traumatised and financially strained, with their ability to meet education, healthcare, food and housing needs affected.

Despite the pain described in the victim impact statement, Sharon’s parents made an emotional appeal for leniency for Obado, telling the court they had forgiven him and would not oppose a non-custodial sentence.

The parents said representatives of Obado’s family had reached out to them in an attempt to reconcile the two families.

They told the court they would accept a probation or other non-custodial sentence for Obado if he took responsibility for supporting Sharon’s four children, according to reports from Wednesday’s proceedings.

The family’s position has created a significant contrast in the sentencing proceedings: while it has described the devastating financial and emotional consequences of Sharon’s death and sought compensation, her parents have separately asked the court to exercise leniency towards Obado.

Obado asks for leniency

Obado’s defence team also urged the court to consider a non-custodial sentence, citing mitigating circumstances, remorse and his willingness to reconcile with Sharon’s family.

The former governor has maintained that he did not kill Sharon. During the trial, he denied involvement in her abduction and murder and challenged the prosecution’s evidence.

In its July 23 judgment, however, the court rejected key aspects of Obado’s defence and found that the prosecution had established an unbroken chain of circumstantial evidence linking the three convicts to Sharon’s killing.

The court also rejected Obado’s claim that he had accepted Sharon’s pregnancy and continued supporting her, with Justice Githua finding that the evidence before the court did not support that account.

Oyamo and Obiero have similarly presented mitigation submissions. Obiero, who worked with the Migori County Government, expressed regret over the consequences of the events while denying participation in Sharon’s murder. His vehicle was cited in the pre-sentence report in connection with the transportation of people identified in the case.

The sentencing on November 27 will therefore mark the culmination of the criminal proceedings against the three men, following the court’s July conviction.