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Sharon Otieno murder: Court finds ex-Migori Governor Okoth Obado has a case to answer

HisPersonal Assistant Michael Oyamo and former county employee, Caspal Obiero will also be put on their defence

Former Migori Governor Okoth Obado has a case to answer over the murder of  Rongo University student Sharon Otieno.

Obado’s Personal Assistant Michael Oyamo and a former county employee, Caspal Obiero, were also found to have a case to answer by High Court Judge Cecilia Githua.

Justice Githua said the evidence adduced by the prosecution established that a prima facie case had been made to warrant the three being placed on their defence.

The three were, however, acquitted on the charge of killing Sharon Sharon’s unborn baby.

At the time, Sharon was murdered on September 3, 2018 in Homa Bay county, her foetus was 28 weeks old.

The Judge agreed with submissions made by the defence by virtue of the born alive principle which states that for a child to be a victim or anyone to be accused of murder, that child must be born alive.

“I have considered these submissions and I am in agreement that indeed the evidence adduced by the Prosecution in support of baby Sharon doesn’t support the charge of murder,” she said.

The prosecution led by Gikui Gichui and Allan Mulama concluded its case against the accused last year with the testimony of investigating officer Moses Ole Sena.

A total of 42 witnesses testified in the six-year-old case.

Before the ruling, Obado’s lead lawyer Senior Counsel Kioko Kilukumi had asked Justice  Githua to find that Obado has no case to answer.

The prosecutors, however, asked the court to find that Obado, Oyamo and  Obiero have a case to answer and should be put on their defence.

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They presented evidence showing that Oyamo is the one who allegedly liaised with Sharon on the fateful day before she rode in a vehicle that drove her to the death field in Homa Bay.

Ole Sena told the court that the vehicle used in the abduction and death of Sharon Otieno was tampered with to conceal it’s movements.

He said the vehicle belonged to one Olivia Odhiambo, who is married to Obiero.

Ole Sena explained to the court that the car tracker was working on September 2, 2018 but on September 3 when Sharon was murdered, it was tampered with. The tracker started operating again from September 4.

“We concluded that the car tracker had been tampered with to conceal the movement of the vehicle on that particular day,” he said.

The significance of the vehicle, according to the witness, was that it was used to abduct Sharon and the journalist who managed to escape on the fateful day.

Ole Sena was the last prosecution witness. He told the court that the case was not politically motivated but a thorough probe was done.

He said on the night Sharon was murdered Obiero helped Oyamo acquire falsified medical documents at Kisii Referral Hospital in an attempt to conceal the murder.

He confirmed to the court that Oyamo had not been injured as he pretended.

During the hearing, a clinical officer confessed he filled in medical documents showing Oyamo displayed features of strangulation without examining him.

The details of Oyamo were filled in by Cliff Momanyi hours after the abduction and death of Sharon in Owade area, Homa Bay county.

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The witness said when he filled out the medical records, Oyamo was not physically present.

One of the forms was to indicate that Oyamo needed a referral from Kisii to Kisumu hospital.

Momanyi’s clinical notes further indicated that Oyamo was assaulted by unknown persons and was brought to hospital while unconscious.

But all these were lies, as confirmed by the investigating officer on Friday.

With Ole Sena’s evidence in place, the prosecution closed its case.

Kilukumi said he will fight to secure Obado’s acquittal, arguing there is no case against his client based on the evidence adduced in court by the prosecution.

The three will be put on their defence on February 25 after parties file their submissions in the case.

 

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