Former Migori Governor Okoth Obado, his former personal assistant Michael Juma Oyamo and former Migori County clerk Casper Ojwang Obiero have been found guilty of the 2018 murder of university student Sharon Otieno.
Delivering the judgment on Thursday, High Court Judge Cecilia Githua held that the prosecution had proved the charge of murder against the three accused persons beyond reasonable doubt after hearing testimony from 52 witnesses.
Justice Githua said Sharon's death was not disputed by any of the accused. Relying on the post-mortem report by the Government Pathologist, the court found that Sharon died from severe haemorrhage caused by her injuries, concluding that her death was unlawful.
The judge found that Obado admitted having an intimate relationship with Sharon that resulted in her pregnancy and ruled that the pregnancy became the foundation of the events that culminated in her killing.
According to the court, evidence showed that Obado pressured Sharon to terminate the pregnancy, sent her Sh30,000 for the abortion, withdrew financial support and only re-established contact after learning that she intended to expose their relationship publicly.
Justice Githua rejected Obado's claim that he was willing to support Sharon and the unborn child, describing the assertion as insincere in light of the evidence presented. She also found inconsistencies in his claim that the relationship was known to his family and the public, noting that witness testimony showed he had instructed those who met him not to disclose the relationship.
The court further found that Obado used his influence and assigned the second accused, Michael Oyamo, as an intermediary to conceal his intentions. Justice Githua held that Obado was the ultimate beneficiary of Sharon's elimination.
The judge found that Oyamo used a proxy to send Sharon money for transport to Nairobi and that the fraudulent acquisition of a SIM card and the use of intermediaries to transfer money were deliberate attempts to conceal the identities of those involved.
Justice Githua ruled that the meeting at Grasha Hotel was not intended to relay Obado's message to Sharon but was instead a plan to hand her over to her killers.
The court found that the three accused acted in concert with others who were not before the court. It held that Obado financed the operation while the third accused, Casper Ojwang Obiero, facilitated the logistics leading to Sharon's murder.
Justice Githua dismissed Obado's defence that he was not present at the crime scene, holding that his absence did not shield him from criminal liability.
"It is my finding that the prosecution has proved the charge of murder against the accused persons," the judge ruled, convicting Obado, Oyamo and Obiero in the high-profile case that has gripped the country for nearly eight years.
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