The High Court has convicted former Migori Governor Okoth Obado, his former personal assistant Michael Oyamo and Caspal Obiero of the murder of Sharon Otieno, finding that the prosecution proved its case against the three beyond reasonable doubt.
In delivering the judgment, the court held that the evidence presented established that the three accused acted in concert, with each playing a distinct role in the commission of the offence.
The court found that Obado financed the execution of the crime, Oyamo played a key role in its execution, while Obiero participated in concealing the offence. It ruled that their actions demonstrated a common intention and constituted malice aforethought.
Justice Cecelia Githua further held that Obado’s absence from Migori County on the day Sharon was killed did not shield him from criminal liability, saying the evidence showed he was involved in planning and facilitating the murder despite being in Nairobi.
The court concluded that there was overwhelming evidence linking all three accused to Sharon Otieno’s death and found that the prosecution had proved every element of the offence of murder beyond reasonable doubt.
Consequently, the court convicted Okoth Obado, Michael Oyamo and Caspal Obiero of the offence of murder.
the court found Oyamo’s defence to be untruthful . The judge noted that Oyamo admitted he had served as Obado’s personal assistant and bodyguard for about 10 years, making his denial of knowledge about Sharon and the circumstances surrounding the case incredible.
The court held that the prosecution proved beyond reasonable doubt that Oyamo convened the meeting at Graca Hotel where Sharon Otieno, PW9 and others met. Evidence from PW9 and other prosecution witnesses showed that Oyamo acknowledged meeting Sharon and PW9, claiming he had been sent by Obado to deliver money.
However, the court found that the meeting was not intended to pass a message or deliver money, but to hand Sharon over to the men who later abducted and killed her.
Justice Cecelia Githua further held that it was immaterial whether Oyamo boarded the vehicle at the hotel or elsewhere, noting that evidence firmly placed him at the scene during the critical moments leading to Sharon’s abduction.
The court accepted PW9’s testimony that unidentified men who met Oyamo near the hotel abducted Sharon before sexually assaulting and killing her.
In analysing the evidence, the judge also found that the conversations the unidentified men had with Sharon and PW9, particularly regarding Sharon’s relationship with Obado and the story involving the governor, demonstrated a clear connection to Obado.
The court further found that although Obado was not physically present at the Graca Hotel meeting, he must have been aware of it since, according to Oyamo’s own admission, he had been sent by the former governor to meet Sharon and deliver money.
The court also found that Oyamo deliberately concealed his identity by fraudulently acquiring an Airtel line using another person’s details despite having his own Safaricom line. The judge held that the line, obtained only days before Sharon’s murder and used exclusively to communicate with her, was intended to facilitate the commission of the offence and to avoid detection during subsequent investigations.
