Advocate Jamal Abdikadir has defended the nearly eight-year murder trial of former Migori Governor Okoth Obado, saying the lengthy proceedings reflected the complexity of serious criminal cases rather than delays by prosecutors, with Covid-19 disruptions, judicial transfers, extensive forensic evidence and heavy court workloads all contributing to the time taken before judgment.
Speaking during a Radio Generation interview on Friday, Abdikadir said the Obado case highlights why murder trials and other complicated criminal cases often take years before courts can reach a final decision.
He acknowledged that many Kenyans had questioned why the trial lasted for almost eight years, but said the duration was the result of unavoidable legal and practical challenges. These included interruptions caused by the Covid-19 pandemic, changes in the judges handling the matter, numerous applications filed during the proceedings and the amount of evidence that had to be examined.
According to the lawyer, murder cases demand extra care because they involve the loss of life and carry serious consequences for everyone involved.
He said a conviction could see an accused person lose their freedom, while an acquittal could leave the victim's family without the justice they have been seeking. For that reason, he said courts must carefully assess every piece of evidence before arriving at a verdict.
His remarks come after the conclusion of the murder trial involving former Migori Governor Okoth Obado, which stretched for nearly eight years from the killing of Rongo University student Sharon Otieno on September 3, 2018, to the delivery of judgment on July 23, 2026.
Sharon, who was 26 years old and 28 weeks pregnant, was abducted alongside journalist Barrack Oduor before her body was found the following day in a thicket near Kodera Forest in Homa Bay County.
In a judgment delivered at the Milimani High Court in Nairobi, Justice Cecilia Githua convicted Obado, his former personal assistant Michael Oyamo and former Migori County Clerk Caspal Obiero after finding that the prosecution had proved the murder charge beyond reasonable doubt.
Throughout the trial, the prosecution presented 42 witnesses and relied on a large amount of forensic and digital evidence to support its case.
Abdikadir said the Covid-19 pandemic had a major effect on court operations and contributed to the delay in concluding the matter.
"That disruption caused major delays. Covid played a big role. The judge who determined the case was not the original trial judge. The initial trial judge was reassigned, and the case had to be assigned to a new judge. That again also stalled time."
He added that the court also had to review a large volume of digital forensic evidence, including location data, vehicle movements and communication records, together with other evidence that prosecutors said linked the accused to the alleged conspiracy.
The advocate also noted that the defence had a legal right to challenge the prosecution's case at every stage of the proceedings, a process that naturally extended the duration of the trial.
Addressing concerns that prosecutors normally have their evidence before filing charges, Abdikadir said every piece of evidence must still be presented, tested and challenged in open court before a judge can make a final determination.
He explained that cases based on circumstantial evidence and allegations of conspiracy require even greater attention because every part of the evidence must be proved beyond reasonable doubt.
Abdikadir also pointed to the heavy workload facing the Judiciary, saying many judges handle several cases at the same time, resulting in long gaps between hearings as courts deal with busy schedules.
Even so, he said Kenya's justice system has improved compared with previous years, when criminal cases often remained in court for much longer.
"Cases like these previously could go on for 15 years or more. The accused person could even pass away before the case was concluded. What we are now seeing is an attempt by the judicial system to hasten cases and even put specific timelines within which certain cases must be determined. We did not have that before."