Former Migori Governor Okoth Obado, his former personal assistant Michael Oyamo and former Migori County clerk Caspal Obiero have been found guilty of the murder of former Rongo University student Sharon Otieno.
The 26-year-old student was abducted on September 3, 2018, before her body and that of her unborn child were discovered a day later in a thicket near Kodera Forest in Homa Bay County.
Delivering judgment at the Milimani Law Courts on Thursday, High Court Judge Cecilia Githua found that the prosecution had proven its case beyond reasonable doubt and convicted the three.
“The circumstances presented in this case taken cumulatively form a chain so complete that there is no escape from the conclusion that the accused persons acted with others not jointly before the court and committed the offence charged,” Lady Justice Githua ruled.
“The evidence on record irresistibly points to the fact that the accused persons with malice aforethought unlawfully caused the death of Sharon at the material time. It is therefore my finding that the prosecution has proved its case against the first, the second and the third accused persons beyond a reasonable doubt. I consequently find each accused person guilty of the offence of murder. Each accused is accordingly convicted,” she added.
The judge held that although the prosecution’s case was founded on circumstantial evidence, it had established a complete chain linking the three accused to the crime.
“It is clear that the evidence adduced by the prosecution in this case demonstrated and left no doubt that the accused persons acted in concert jointly with others not before the court pursuant to a common design, each performing a distinct role in furtherance of a criminal enterprise that resulted in the death of the late Sharon,” Lady Justice Githua said.
According to the court, Obado supplied the motive, instigation and funds to facilitate the murder, while Oyamo coordinated its execution and Obiero provided logistical support and helped conceal the crime.
“The first accused supplied motive, instigation and funds to finance the criminal enterprise, the second accused facilitated execution while the third accused ensured logistical support and concealment to avoid detection of a criminal offence. Their common intention led to the death of Sharon. These acts constituted malice aforethought,” the judge stated.
Lady Justice Githua dismissed Obado’s defence that he was in Nairobi when the offence was committed and not physically present in Migori County.
“The first accused’s alibi that he was not in Migori County when the offence was committed does not shield him from criminal culpability. He acted in concert with others to execute the crime,” she ruled.
The murder trial, which has lasted nearly eight years, saw the Office of the Director of Public Prosecutions call 42 witnesses.
Prosecutors relied on witness testimony and electronic evidence, including SMS messages, WhatsApp conversations and mobile phone records, to build their case.
Obado and his co-accused will be remanded in prison for 21 days pending the filing of pre-sentencing after the court revoked their bond terms.
