The mother of Sharon Otieno has made an emotional appeal to the High Court not to send former Migori Governor Okoth Obado to prison, saying a death or life sentence would reopen the pain caused by her daughter’s murder.
Melida Auma told Justice Cecilia Githua on Wednesday that Sharon’s family had forgiven Obado and wanted the court to consider a non-custodial punishment following his conviction for the murder of the 26-year-old university student.
“Don’t crucify Governor Obado. If he goes for death or life sentencing, I’ll see another death in my life. Do me a favour; just don’t take him to jail,” Auma told the court.
Auma said the family had seen remorse from Obado both after Sharon’s death and during the long court proceedings, leading them to forgive him.
“Since the first accused (Obado) has been remorseful at the time of death and during court proceedings and is asking for forgiveness, we said as a family we have forgiven the first accused,” she said.
Sharon’s parents, through their lawyer, also urged the court to impose a non-custodial sentence, saying their relationship with Obado had remained cordial even after the death of their daughter.
The lawyer asked Justice Githua to take into account the emotional and psychological needs of the family while deciding the punishment, saying the parents wanted to maintain their relationship with the former governor.
“Restorative justice requires, in passing sentences on convicted persons, court should not only place focus on legal procedures at expense of victims emotional and psychological needs,” the lawyer submitted.
The lawyer further said victims should not be pushed aside during sentencing, arguing that their views were an important part of the process.
The prosecution, however, urged the court to impose a punishment that reflects the seriousness of Sharon’s murder and takes into account the interests of the public.
State counsel Gikui Gichuhi said the parents had every right to tell the court how they felt about the punishment, but their views could not determine the final sentence.
“We don't question the right of parents to speak their minds before this court. Their views are relevant, however, they don't get to determine the sentence,” Gichuhi submitted.
She said the offence was committed against the State and the wider community, and argued that the sentence should discourage similar crimes while helping maintain public trust in the justice system.
Gichuhi further told the court that sentencing remained the responsibility of the judiciary, with the judge required to exercise discretion in line with the Constitution and existing legal precedent.
The prosecution also outlined circumstances that could be taken into account when the court determines the punishment.
These include the nature of the offence, whether the accused is a first offender, previous character, whether there was a guilty plea or acceptance of responsibility, mental and physical condition and prospects of rehabilitation.
The State also listed remorse, reconciliation efforts, personal and family circumstances and the time an accused person has already spent in custody among factors that may be considered.
The sentencing proceedings had earlier been briefly adjourned after Sharon’s parents indicated that they wanted to address the court in Luo. The Judiciary was given time to secure an interpreter before the hearing continued.
Sharon was 26 and seven months pregnant when she was killed in September 2018. She was pursuing a diploma in Medical Records as a second-year student at Rongo University.
Her body was later discovered in a thicket near Kodera Forest in Homa Bay County. She had allegedly been abducted together with journalist Barrack Oduor, who escaped by jumping from a moving vehicle.
Obado, his former personal assistant Michael Juma Oyamo and former Migori County official Caspal Ajwang Obiero were convicted after the court found that the prosecution had presented an unbroken chain of circumstantial evidence connecting them to Sharon’s killing.
The High Court is expected to consider the mitigation arguments, the victim impact statement and pre-sentence reports before deciding the sentences to be imposed.