Former Migori Governor Zachary Okoth Obado, Michael Oyamo and Caspal Obiero have been found guilty of the 2018 murder of Rongo University student Sharon Otieno after the High Court ruled that the prosecution had proved its case beyond reasonable doubt.
In a judgment delivered at the Milimani High Court on Thursday, Justice Cecilia Githua found that the three acted together in planning, carrying out and covering up the killing of the 26-year-old, who was about seven months pregnant when she was murdered.
“The evidence adduced by the prosecution in this case demonstrated… that the accused persons acted in concert jointly with others not before court, pursuant to a common design, each performing a distinct role in furtherance of a criminal enterprise that resulted in the death” of Sharon, Justice Githua said.
The judge found that Obado “supplied motive, instigation, and funds to finance the criminal enterprise,” while Oyamo “facilitated execution” and Obiero “ensured logistical support and concealment to avoid detection.” She held that their actions demonstrated malice aforethought and amounted to a coordinated plan to kill Sharon.
Throughout the trial, the prosecution called 42 witnesses and relied heavily on circumstantial evidence, arguing that the three jointly participated in the events that culminated in Sharon's abduction and murder.
Justice Githua agreed, ruling that the prosecution had established an unbroken chain of evidence linking each of the accused to the offence.
The court rejected Obado's claim that he had accepted Sharon's pregnancy, finding instead that he had pressured her to terminate it after learning she was pregnant in March 2018.
“On the first accused's own admission, he learned about Sharon's pregnancy in March 2018, and this is the same time he claims to have terminated, or decided to terminate, his relationship with the late Sharon,” the judge observed.
Justice Githua concluded that the pregnancy became the motive behind the killing, finding that Obado stood to suffer political embarrassment and reputational damage if details of the affair became public.
She further found that he enlisted the assistance of his trusted aides, Oyamo and Obiero, to manage matters relating to Sharon.
According to the court, Oyamo arranged the meeting at Graca Hotel under the guise of delivering money on Obado's behalf, but the meeting was actually intended to hand Sharon over to the men who later abducted and murdered her.
The judge also found that Oyamo fraudulently acquired an Airtel SIM card using another person's identification details shortly before the murder and that the line was used exclusively to communicate with Sharon while helping conceal the offence.
On Obiero, the court found that the prosecution had proved his participation in the events surrounding Sharon's abduction and killing through evidence presented during the trial.
After reviewing the evidence, Justice Githua concluded that the prosecution had met the legal threshold required to secure a conviction.
“I consequently find each accused person guilty of murder… The prosecution has proved its case beyond reasonable doubt,” Justice Githua ruled.
The case arose from the abduction and killing of Sharon in September 2018. Her body was later discovered in a thicket near Kodera Forest in Homa Bay County after she was allegedly abducted together with Nation Media Group journalist Barrack Oduor.
Oduor survived the attack after jumping from a moving vehicle, while Sharon was killed.