Former Migori governor Okoth Obado has called on the High Court to dismiss the murder charges against him in the death of Sharon Otieno, arguing that the evidence presented by the prosecution is built on speculation rather than concrete proof.
During submissions filed in court, Obado insisted that criminal convictions must be based on solid facts and not on assumptions, rumours or unverified claims.
He argued that the prosecution had not provided credible evidence linking him to the murder of the former Rongo University student, which occurred on the night of September 3 and 4, 2018, in Owade, Homa Bay County.
Obado’s submissions stressed that the law requires proof beyond reasonable doubt, and anything short of that standard cannot justify a conviction.
“The prosecution has miserably failed to prove beyond reasonable doubt or what is also known as moral certainty, that the first accused, in any manner whatsoever, participated in the killing of Sharon,” Obado said in his court submissions.
Obado, alongside his personal assistant Michael Oyamo and Caspal Obiero, has denied involvement in Sharon’s death. He told the court that he and Sharon had agreed on arrangements to support her welfare and that of her unborn child, including plans to buy her land and build a three-bedroom house.
“We urge the court to take this evidence with a pinch of salt. It is not credible evidence. It is manufactured. No professional investigator will take four years to establish whether or not CCTV cameras were working and storing images captured by the system,” he said.
His lawyer, Kioko Kilukumi, further argued that the prosecution had produced no evidence tying Obado to any meetings where the murder was allegedly planned, nor to any individuals hired to commit the crime.
The defence also challenged police work, saying investigators wrongly focused on a vehicle and its driver while ignoring independent verifying evidence.
“We submit that the prosecution deliberately eliminated independent verifying evidence whether or not motor vehicle... was the motor vehicle that carried the killers. The mobile phone of the driver was through a false narrative ‘switched off’ to avoid call data pin pointing the specific location at different times,” the defence team said.
Obado also disputed claims that he stood to gain from Sharon’s death, pointing out there was no proof he was aware of any plan to silence her. On the other hand, the prosecution contends that Obado’s public image was threatened by Sharon’s pregnancy and media engagement, making him the ultimate beneficiary of the crime.
“The evidence shows that Sharon Otieno’s pregnancy and engagement with XYZ (a protected witness) posed a real and imminent threat to the first accused’s public standing,” prosecutors said. They added that silencing Sharon would protect Obado’s interests.
Meanwhile, the court asked Oyamo to submit medical evidence to explain his absence at the hearing, declining the prosecution’s request to issue a warrant of arrest.
