The Office of the Director of Public Prosecutions has urged Lady Justice Cecilia Githua to find that the prosecution has proved a murder case against former Migori Governor Okoth Obado, his personal assistance and the secretary in 2018 murder of Sharon Otieno and her unborn child.
The prosecution respectfully submitted that a prima facie case has been established against ZACHARIA OKOTH OBANDO, MICHAEL JUMA OYAMO and CASPER OJWANG OBIERO having called a total of forty two (42) witnesses.
According to Gikui Gichuhi, Assistant Director of Public Prosecutions, the prosecution bears the burden of establishing that there is sufficient evidence which, if unchallenged, would warrant a conviction of the three accused persons.
Prosecutor Gichuhi told Justice C. Githua that at this stage, 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 is 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 Court that Prove of death is 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 Belyne Otieno (Count 1) was severe hemorrhage due to penetrating force trauma.
Also of note were factors of manual strangulation. Dr. Johansen Oduor further stated that he found a fully formed fetus (Count 2) in the uterus, and upon examination, he formed an opinion that the late fetus died of sharp abdominal trauma.
Further, the prosecution submits that it has proved beyond reasonable doubt that the Obado, Oyamo and Obiero jointly and severally murdered the deceased Sharon and her unborn fetus.
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.
Sharon Otieon, a Rongo University student, was murdered in 2018 when she was seven months pregnant, and her body was left in Kodera Forest in Oyugis, Homa Bay county.
The ruling of the murder case against the three accused persons will be on January 30, 2025.
