The Director of Public Prosecutions (DPP) has asked the High Court to sentence former Migori Governor Zachary Okoth Obado, his former Personal Assistant Michael Juma Oyamo and Caspal Obiero to death for the murder of university student Sharon Otieno and her unborn child.
The prosecution made the plea during sentencing submissions before Justice Cecilia Githua in Nairobi on Wednesday, asking the court to apply the maximum punishment provided under Section 204 of the Penal Code.
Senior Assistant Director of Public Prosecutions (SADPP) Gikui Gichuhi said the request was informed by the circumstances surrounding the offence and the level of responsibility of each of the three men convicted in the case.
Gichuhi also addressed the position taken by Sharon’s parents, Douglas Otieno and Melinda Auma, who have forgiven Obado and asked the court to consider a non-custodial sentence.
The prosecution, however, said the family’s decision could not determine the punishment to be handed to the convicts.
“Reconciliation may bring peace to a family; it cannot erase the aggravating circumstances in which a life was unlawfully and deliberately taken,” Gichuhi submitted.
The State also opposed any non-custodial sentence for Obado, Oyamo and Obiero, arguing that such punishment would not properly reflect the seriousness of the offence.
Gichuhi said the sentence should also meet the purposes of punishment, denunciation and general deterrence.
“The request is not based merely on the existence of that statutory penalty, but on an individualised assessment of this offence, its circumstances and the culpability of each convicted person,” she said.
The prosecution further told the court that the case should not be treated as a private disagreement between individuals, arguing that the offence was committed against the State and wider society.
It urged the court to consider several factors when determining the punishment, including accountability, proportionality, deterrence, denunciation and maintaining public confidence in the justice system.
The State said it had placed before the court material that should guide the sentencing decision, including the applicable law, aggravating and mitigating circumstances, information on the impact of the murders on the victims, probation reports and matters relating to the public interest.
“The Court must impose a lawful and proportionate sentence after independently weighing the totality of the material,” Gichuhi said.
The High Court had earlier found that the prosecution proved its case beyond reasonable doubt, leading to the conviction of the three men over the murder of Sharon and her unborn child.
The court is expected to deliver the sentences on November 27, 2026.