The High Court has found former Migori Governor Okoth Obado and two others have a case to answer over the murder of Rongo University student Sharon Otieno.
The ruling by Justice Cecilia Githua means that Obado, his assistant, and a former Migori County employee have to now present a response against the murder charges. It does not in any way imply that the Obado and the two co-accused are guilty of the charges.
The murder occurred on the night of September 3, 2018, in Homa Bay County, and has been in court ever since. Sharon was allegedly killed along with her unborn child.
In November last year, the defence argued that the prosecution failed to provide sufficient evidence linking the accused to the crime.
They emphasised that none of the 42 witnesses placed Obado at the scene and highlighted his willingness to support Sharon and the unborn child.
The prosecution, however, maintained that there was a clear chain of events implicating the accused in the abduction and subsequent murder.
During the preliminary trial, Obado and the other two asked the court to acquit them, arguing that the prosecution’s case did not prove they were involved in the murder of Sharon.
According to Obado, the case against him was based on his relationship with Sharon, but nothing showed he was anywhere near the scene of the crime. Obado, through his lawyers, told the court that at the time of the murder, he was at the residence of the Orange Democratic Movement (ODM), Raila Odinga.
"The entire case as it relates to Mr Obado is about the relationship, pregnancy, the money he gave her for upkeep, and plans to buy her a home," Kioko Kilukumi told the court last year.
However, the prosecution provided evidence showing that the child Sharon was carrying was indeed Obado’s. A DNA test was presented in court indicating Obado was the father of the child.
In return, Obado argued that he had promised to buy a house and piece of land worth Ksh800,000 for Sharon and give a further Ksh200,000 as a commitment to take care of her and her child.
Obado insisted that his relationship with Sharon was an open secret, as it was known in the county offices. It was also no secret to his wife, son, and Witness XYZ, a key witness in the case.
However, the case will now proceed, with Obado and his co-accused putting up a defence against murder charges that carry a death sentence.
