The prosecution has urged the High Court to reject a non-custodial sentence for former Migori Governor Okoth Obado, arguing that his position as a public servant and the circumstances of Sharon Otieno’s murder should weigh heavily in sentencing. The court will deliver its decision on the sentences for Obado and his two co-convicts, Michael Juma Oyamo and Caspal Ojwang Obiero, on November 27, 2026.
The State’s position came after Sharon’s parents asked the court to consider reconciliation and spare Obado imprisonment. Prosecutor Gikui Gichuhi acknowledged the family’s views but argued that the wishes of the victim’s relatives cannot determine the punishment because murder is prosecuted as an offence against the State. The prosecution has instead asked the court to consider the seriousness of the offence, the circumstances surrounding the killing and the need for deterrence and public confidence in the justice system.
Why the prosecution is opposing leniency
Gichuhi told the court that Obado occupied a position of public trust when Sharon was killed in September 2018. The prosecution argued that this status was relevant to sentencing and that any abuse of public trust should be considered alongside the circumstances established during the trial.
The State also maintained that mitigation cannot excuse the unlawful taking of a life. While Sharon’s parents’ call for reconciliation is relevant to sentencing, prosecutors argued that it is only one factor for the judge to consider.
Recent reporting from the sentencing hearing indicates that the prosecution went further by asking the court to impose the maximum punishment available under Section 204 of Kenya’s Penal Code, while firmly opposing non-custodial sentences for the three convicts.
The prosecution also indicated that the three men could be treated as first offenders, but argued that their lack of previous convictions should not be considered separately from the circumstances of the murder.
Sharon’s parents ask for reconciliation
The prosecution’s submissions followed an unusual sentencing intervention by Sharon’s parents, Douglas Zachariah Otieno and Melinda Auma.
The parents told the court that they had forgiven Obado and maintained a relationship with him despite the murder case. Douglas Otieno said Obado had sent relatives to his home seeking reconciliation and that this influenced his position on sentencing. He told the court he would accept a non-custodial sentence if the judge considered it appropriate.
Melinda Auma similarly appealed to the court not to imprison the former governor, saying the family had forgiven him.
Their position does not, however, settle the sentencing question. The prosecution has stressed that the court remains the final decision-maker.
Key developments in the case
| Date | Development | Significance |
|---|---|---|
| September 3–4, 2018 | Sharon Otieno was abducted and killed in Homa Bay County | The events became the basis of the murder prosecution |
| July 23, 2026 | Obado, Oyamo and Obiero were convicted of Sharon’s murder | The High Court found the prosecution had proved its case beyond reasonable doubt |
| September 16, 2026 | Prosecution and defence made sentencing submissions; Sharon’s parents sought leniency for Obado | The court completed the mitigation stage |
| November 27, 2026 | Sentencing ruling scheduled | The High Court is expected to determine the penalties for the three convicts |
What the High Court found at trial
The sentencing proceedings follow a conviction delivered on July 23, 2026, after a trial lasting nearly eight years.
Justice Cecilia Githua found Obado, Oyamo and Obiero guilty of Sharon’s murder after considering evidence from 42 prosecution witnesses and other material presented during the trial. The court concluded that the circumstantial evidence, considered cumulatively, established a complete chain linking the three men to the killing.
The case involved two murder counts concerning Sharon and her unborn child. The judgment records that the three were convicted on the count relating to Sharon’s murder.
Sharon, 26, was a Rongo University student and was about seven months pregnant when she was abducted on September 3, 2018. Her body was discovered the following day in a thicket near Kodera Forest in Homa Bay County.
Following their conviction, the court cancelled the three men’s bond and ordered that pre-sentence and victim-assessment reports be prepared before sentencing.
What happens next
The November 27 hearing is not another determination of guilt. The convictions have already been entered; the outstanding question is the appropriate sentence for each of the three men.
The judge will have to consider the competing material placed before the court, including the prosecution’s submissions, the convicts’ mitigation, pre-sentence material and the views of Sharon’s family and other affected persons. The court has scheduled the ruling for November 27, when the sentences are expected to be delivered.
The central issue is therefore no longer whether Obado and his co-convicts will be sentenced, but what punishment the High Court will impose after weighing the seriousness of the conviction against the mitigation and victim-family submissions presented during the sentencing process.