The High Court has ruled that former Migori Governor Okoth Obado, his personal assistant Juma Oyamo, and Migori County Clerk Casper Obiero must face trial for the murder of Sharon Otieno, a former university student and clandestine lover of the former Governor.
Justice Cecilia Githua found that the prosecution presented sufficient evidence linking the three to Sharon’s abduction and subsequent murder in Homa Bay County. She stated that testimony from 42 witnesses established a prima facie case, compelling the accused to defend themselves against the first count.
However, Justice Githua acquitted the trio of charges related to the death of Sharon’s 28-week-old unborn baby. She upheld the defense’s argument based on the “born alive” principle, which requires a child to be born alive for anyone to face murder charges.
“I have considered these submissions, and I agree that the evidence presented by the prosecution regarding baby Sharon does not support the charge of murder,” Justice Githua said. She faulted the prosecution for filing a murder charge instead of pursuing a charge for terminating the life of an unborn baby.
The court has set February 25 as the date for the next mention of the case. On that day, the accused will decide whether to give sworn or unsworn testimony and whether they intend to call witnesses in their defense.
Justice Githua emphasized that placing the three on trial was appropriate, given the evidence presented by the prosecution.
“After reviewing all the evidence presented, I concluded that the prosecution has established a prima facie case sufficient to require the three accused persons to mount a defense. I find each of them to have a case to answer on the first count and acquit them on the second count accordingly,” she ruled.
The case continues to attract public attention as it progresses through the courts.
