Why DPP Ingonga wants Obado, two others convicted over Sharon Otieno's murder

The Director of Public Prosecutions has urged the High Court to find former Migori Governor Zacharia Okoth Obado and two co-accused guilty of the murder of university student Sharon Otieno, in a case that has gripped the nation for nearly eight years.

In final submissions before the Milimani judge Cecilia Githua on Friday, the prosecution led by Senior Assistant Director of Public Prosecutions Gikui Gichuhi presented what she described as a coherent and conclusive case built on witness testimony, cybercrime reports, phone analyses and forensic investigations.

"The evidence paints a coherent picture of the accused acting in concert, with a shared intention to eliminate Sharon Otieno and silence witness XYZ to avoid political fallout, reputational harm, and embarrassment to Governor Obado," Gichuhi told the court.

The prosecution established that Obado's co-accused, personal assistant Michael Juma Oyamo and Casper Ojwang Obiero, acted as trusted operatives in the alleged scheme.

The two were present at Graca Hotel in Rongo on the evening of September 3, 2018, when Sharon and a journalist identified as XYZ were abducted. 

The vehicle used, registration number KCL 418K, is registered to Obiero's wife.

"From the start, we committed to showing the court that the evidence, like pieces of a puzzle, form a complete picture of the events that led to Sharon's tragic death," Gichuhi said.

The prosecution dismissed the defence presented by all three accused as inconsistent and built on afterthoughts designed to mislead, maintaining that no reasonable doubt exists. 

However, Obado's legal team, led by Senior Counsel Kioko Kilukumi, urged the court to acquit the former governor, arguing the murder case against his lover was built on suspicion. 

Obado maintained that there was no direct evidence linking him to Otieno’s killing, insisting that the case against him was built on suspicion arising from their admitted intimate relationship.

“I did not kill Otieno. Suspicion, however strong, cannot replace proof beyond a reasonable doubt," Obado told the judge.

In what the defence described as the most damaging testimony against the prosecution's own case, investigating officer Chief Inspector Nicholas Konara Ole Sena told the court when he testified earlier. 

"I do not have any evidence that accused 1 (Obado) had any knowledge or participation in the brutal murder of the late Sharon. I have no evidence that accused 1 had knowledge or consented to any of the events I have testified about on 3-9-2018."

Kilukumi argued that Obado had no motive to kill Sharon, pointing to evidence that he had been providing for her financially right up to her death and had agreed to buy her land in Homa Bay and build a three-bedroom house worth Sh4 million. 

Witness Lawrence Obonyo Owuor, known as Mulla, who brokered the arrangement, told the court that "In my mind, I believe Obado did not have any reason to murder Sharon."

Sharon's mother, Melinda Auma Rangili, corroborated this, testifying that her daughter had told her the governor had given her Sh100,000 for upkeep and was ready to buy her a plot and build her a home.

Obado also pointed to threatening text messages sent to Sharon by an unidentified woman, warning her to "leave my husband alone" and threatening to do "the worst I can irrespective of the cost." 

Kilukumi argued investigators had a legal duty to trace the sender but chose not to, a failure he said was fatal to the prosecution's case.

On the integrity of investigations, the defence was scathing, accusing investigators of planting the wrong vehicle, suppressing CCTV footage, withholding call data and relying on a witness whose own phone records placed him nowhere near the crime scene. 

The evidence of key witness Jackson Otieno Gombe, the alleged driver, was dismissed by the defence as a fabrication, his call data showing he was in and around Migori town during the material time, not at Graca Hotel in Rongo.

 "Your ladyship, are you satisfied that the evidence adduced by the prosecution demonstrates more than 90% that the 1st accused is guilty? We submit it does not. Indeed, it does not even come near 50%," Kilukumi told the judge

Sharon Otieno, a student at Rongo University, was found murdered near the Owade River bridge in Homa Bay County on September 4, 2018. 

She was eight months or 28 weeks pregnant with Obado's child, a fact confirmed by DNA testing at 99.9 per cent probability.

A postmortem examination revealed that she died from severe haemorrhage caused by penetrating force trauma, with additional evidence of manual strangulation.

Obado is jointly charged with his former personal assistant, Michael Juma Oyamo, and former Migori County Clerk, Caspal Ojwang Obiero. The three face a murder charge over Otieno’s death.

In January 2025, the Court acquitted them on a separate count relating to the unborn child but placed them on their defence with respect to Otieno’s killing. All have denied the charge.

While admitting to an intimate relationship with Otieno, Obado acknowledged DNA results showing a 99.9 per cent probability that he was the father of the unborn child.

However, he argued that the relationship was neither secret nor a motive for murder. 

The defence further submitted that the two had reached an amicable understanding and that Otieno had abandoned plans to disclose their relationship to the media, undermining any alleged motive.

Obado and co-accused have urged the court to acquit them and be freed as the prosecution has failed to prove the murder charges against them.

At the same time, the judge ordered Oyamo, who failed to appear in court yesterday with his lawyer, claiming he is sick and currently admitted at a hospital in Migori, to provide medical documents to prove the same during the next mention date. 

"Oyamo should provide medical documents as evidence to prove that indeed he is currently admitted in hospital. I also ordered that all accused persons must appear virtually during the next mention date to fix a judgment date," Judge Githua ordered.

The court will reconvene on March 18, 2026, to announce the judgment date.