A Nairobi court has ruled that Former Migori Governor Okoth Obado and two of his co-accused have a case to answer in the murder of late University student Sharon Otieno.
Justice Cecilia Githua has placed Obado, Michael Oyamo and Casper Obiero on their defense saying they have a case to answer.
However they were all acquitted from the second count which was for the death of Sharon’s unborn baby.
Sharon was murdered in 2018 when she was seven months pregnant, and her body was left in Kodera Forest in Oyugis, Homa Bay county.
Prosecution at the close of their case in 2024 urged the Judge to find that the DPP had proved their case to put Obando, Michael Oyamo and Casper Ojwang to their defence.
The DPP had earlier on told Court that the prosecution bears the burden of establishing that there is sufficient evidence which, if unchallenged, would warrant a conviction of the three accused persons and in the case, he was convinced beyond any doubt that indeed he had a water tight case against the three suspects.
Prosecutor Gichuhi told Justice Cecilia Githua that the court only needs not make a determination on the guilt or innocence of the accused but must determine whether the evidence is adequate to proceed to put the accused persons on their defence.
It was the prosecution’s argument that the murders of Sharon and her unborn child were a culmination of various interconnected activities where each accused herein played a strategic role which they knew and/or ought to have known to be calculated to the ultimate commission of the abduction and subsequent heinous double homicide.
The prosecution told the Court that the Prove of death was supported by the evidence of PWI Dr. Johansen Oduor (Government Pathologist).
Dr. Johansen Oduor formed an opinion that the cause of death of the late Sharon was severe hemorrhage due to penetrating force trauma.
Oduor further stated that he found a fully formed fetus in the uterus, and upon examination, he formed an opinion that the late fetus died of sharp abdominal trauma.
The prosecution told Court that the three accused persons had formed the requisite malice aforethought to cause the death of the deceased Sharon and the fetus.
