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Former Migori Governor Okoth Obado will have to defend himself over the murder of late Rongo University student Sharon Otieno.
Also placed on their defence is Obado's PA Michael Oyamo and a former employee at the county Caspal Obiero.
Justice Cecilia Githua said the evidence adduced by the Prosecution established that a prima facie case had been made to warrant the three being placed on their defence
The three were however acquitted on the charge of killing baby Sharon.
At the time Sharon was murdered, her foetus was 28 weeks old.
The Judge agreed with submissions made by the defense by virtue of the born alive principle which state that for a child to be a victim or anyone to be accused of murder, that child must be born alive.
"I have considered these submissions and I'm in agreement that indeed the evidence adduced by the Prosecution in support of baby Sharon doesn't support the charge of murder," she said.
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