OBADO FOUND GUILTY IN SHARON MURDER CASE

Former Migori Governor Zachary Okoth Obado, his former personal assistant Michael Oyamo, and former Migori County clerk Caspal Obiero have been found guilty of the 2018 murder of Rongo University student Sharon Otieno, bringing to a close one of Kenya's most closely watched criminal trials.

In a landmark judgment delivered on Thursday, July 23, Lady Justice Cecilia Githua ruled that the prosecution had proved its case against the three accused beyond reasonable doubt, saying the evidence presented formed an unbroken chain pointing to their guilt.

"I am satisfied that 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, jointly with others not before the court, committed the offence," Justice Githua ruled.

The judge held that the trio acted with a common intention and malice aforethought, each playing a distinct role in planning, executing and concealing the killing.

According to the court, Obado provided the motive, instigated the plot and financed the murder, while Oyamo played a central role in coordinating and facilitating its execution. Obiero, the court found, offered logistical support and helped conceal the crime in an effort to avoid detection.

Justice Githua dismissed Obado's defence that he was in Nairobi when Sharon was killed, ruling that his physical absence from Migori County did not absolve him of criminal responsibility. She found that the evidence demonstrated he participated in planning and facilitating the murder despite not being at the crime scene.

The court further found that the evidence presented during the trial overwhelmingly linked all three accused to Sharon's death.
"The evidence on record irresistibly points to the fact that the accused persons, with malice aforethought, unlawfully caused the death of Sharon," the judge said.

She subsequently convicted the three, stating: "It is therefore my finding that the prosecution has proved its case against the first, second and third accused persons beyond reasonable doubt. I consequently find each accused person guilty of the offence of murder contrary to Section 203 of the Penal Code."

The court also found that Obado had a clear motive to eliminate Sharon, with evidence showing he had pressured her to terminate a pregnancy that resulted from their extramarital relationship. DNA tests presented during the trial had established that Obado was the biological father of the unborn child Sharon was carrying at the time of her death.

Immediately after the conviction, Justice Githua cancelled the bond terms granted to Obado, Oyamo and Obiero, ordering that they remain in custody pending sentencing.

She directed that pre-sentence and victim impact assessment reports be prepared and filed within 21 days before the court gives further directions on mitigation and sentencing.
"We can get a date after the 21 days when the matter can be mentioned to confirm that those directions have been complied with," the judge said.

She added: "Pending that mention day, the accused persons shall be remanded in custody as their bonds have been cancelled."

The case dates back to the night of September 3-4, 2018, when Sharon Otieno and Nation Media Group journalist Barrack Oduor were abducted after leaving a hotel in Rongo.

Oduor managed to escape by jumping from the moving vehicle, but Sharon was later found dead near Kodera Forest , Homa Bay County.

Postmortem results established that Sharon died from strangulation and severe blood loss after sustaining multiple stab wounds. She was about seven months pregnant at the time.

The aftermath triggered an extensive investigation that eventually pointed towards senior officials within the Migori County government.

Obado was termed as a person of interest, arrested and first appeared before the High Court on September 24, 2018, alongside Oyamo and Obiero, where all three denied the murder charges.

Over the course of the lengthy trial, the prosecution relied on testimonies from about 42 witnesses, circumstantial evidence, forensic findings, mobile phone records and the movement patterns of the accused during the investigation period.

After assessing the evidence in its entirety, the court concluded that the prosecution had successfully proved every element of the offence beyond reasonable doubt, culminating in the conviction of all three accused for Sharon Otieno's murder.