NAIROBI, Kenya, Jul 23 – The High Court has revoked the bond terms of former Migori Governor Okoth Obado, his former personal assistant Michael Oyamo and former Migori County Clerk Caspal Obiero after convicting them of the 2018 murder of university student Sharon Otieno, ordering that they remain in custody pending sentencing.

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Justice Cecilia Githua directed the Probation Department to prepare pre-sentence reports and victim impact statements within 21 days before the court determines the appropriate sentence.

The orders followed the conviction of the three men after the court found that the prosecution had proved beyond reasonable doubt that they acted with a common intention in the murder.

“It is therefore my finding that the prosecution has proved its case against the first, the second and the third accused persons beyond reasonable doubt,” Justice Githua ruled.

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“I consequently find each accused person guilty of the offence of murder contrary to Section 203 of the Penal Code as charged in Count One. Each accused is accordingly convicted under Section 322 of the Criminal Procedure Code.”

In a detailed judgment, Justice Githua held that the prosecution’s circumstantial evidence established that the three accused acted in concert as part of a coordinated criminal enterprise that culminated in Sharon’s death.

“Having carefully appraised the evidence on record in its entirety, it is clear to me that the evidence adduced by the prosecution demonstrated and left no doubt that the accused persons acted in concert, jointly with others not before the court, pursuant to a common design, each performing a distinct role in furtherance of a criminal enterprise that resulted in the death of the late Sharon,” she said.

The judge found that Obado conceived, financed and instigated the plot, while Oyamo facilitated its execution and Obiero provided logistical support and helped conceal the crime.

“To summarize, the first accused supplied motive, instigation and funds to finance the criminal enterprise. The second accused facilitated execution, while the third accused ensured logistical support and concealment to avoid detection of the offence,” Justice Githua said.

She ruled that the evidence demonstrated planning, coordination and malice aforethought, satisfying the legal ingredients of murder.

📰 Source: Capital FM Kenya