The Director of Public Prosecutions has asked the High Court in Nairobi to impose the death penalty on former Migori Governor Zachary Okoth Obado and his two co-convicts over the murder of university student Sharon Otieno and her unborn child.
During sentencing submissions before Justice Cecilia Githua, Senior Assistant Director of Public Prosecutions Gikui Gichuhi urged the court to consider the maximum sentence provided under Section 204 of the Penal Code, citing the circumstances surrounding the killing and the individual culpability of the three convicts.
Obado’s former personal assistant Michael Juma Oyamo and Caspal Obiero were convicted alongside the former governor.
DPP rejects call for leniency
The prosecution acknowledged that Sharon’s parents, Douglas Otieno and Melinda Auma, had forgiven Obado and asked the court to consider a non-custodial sentence.
However, Gichuhi argued that the family’s decision to forgive the former governor could not determine the sentence imposed by the court.
“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 prosecution opposed the parents’ request for a non-custodial sentence, arguing that such a punishment would not adequately reflect the seriousness of the offence.
Gichuhi told the court that the sentence should serve the objectives of punishment, deterrence and denunciation, while also maintaining public confidence in the administration of justice.
Prosecution cites aggravating circumstances
The DPP argued that Sharon’s murder should not be treated as a private dispute, describing it as a public offence against the State and society.
The prosecution urged the court to consider accountability, proportionality, deterrence, denunciation and public confidence when determining the appropriate sentence.
“The Court must impose a lawful and proportionate sentence after independently weighing the totality of the material,” Gichuhi told the court.
The prosecution said it had presented the relevant legal provisions, aggravating and mitigating circumstances, victim-impact material, probation reports and public-interest considerations to assist the court during sentencing.
Sharon was killed while pregnant
Sharon was killed in 2018 after she went missing while pregnant. Her body was later discovered in a thicket in Homa Bay County.
The three men were subsequently convicted after the court found that the prosecution had proved its case beyond reasonable doubt in relation to the killing of Sharon and her unborn child.
The High Court will now consider the prosecution’s submissions alongside the mitigation presented by the convicted persons before determining the appropriate sentence for each of them.
The sentencing is scheduled for November 27, 2026.
Also Read: TikTok Moves to Tax Kenyan Creators as Platform Demands New Details