Former Migori Governor Okoth Obado together with his co-accused persons will know their fate in the 2018 Sharon Otieno’s murder case on January 30, 2025.
This is after the prosecution concluded their case by highlighting of submissions today before Lady Justice Cecilia Githua.
Obado in his defense said that the prosecution did not establish a prima facie case against him and consequently, prayed that he be acquitted under Section 306 (1) of the Criminal Procedure Code.
“Owing to the definition of a prima facie case, the question therefore that must be answered is whether evidence presented in Court is sufficient, credible or weighty enough to convict the 1st Accused (Obado) in the absence of a defence. The answer is in the negative. This is evidenced by the Prosecution’s witnesses giving evidence that is contrary to the charges leveled against the 1st Accused (Obado).” submitted Obado’s Lawyer Kioko Kilukumi.
Obado alleged that the prosecution’s murder charges against him had been brought because his Personal Assistant and Clerical Officer at the County Assembly (being MICHAEL JUMA OYAMO and CASPAL OJWANG OBIERO) are suspected of the offence, then he is suspected or assumed to have either enabled, aided, abated, counselled or procured the commission of the murder.
According to Obado, there is no cogent evidence to sustain the charges against him.
Kioko Kilukumi told Justice Cecilia Githua that the prosecution has not made out a prima facie case to warrant putting the Obado on his defence.
Obado submitted that he can only be held personally liable for his own actions that violates Criminal Laws.
He told Court that he cannot be held criminally liable for acts (if any) of others including MICHAEL JUMA OYAMO and CASPAL OJWANG OBIERO and it matters not that they were employed by the County Government that he headed.
