Former Migori Governor Zachary Okoth Obado, his former personal assistant Michael Oyamo and former Migori County Clerk Caspal Obiero have been convicted of the murder of Rongo University student Sharon Otieno after the High Court found that the prosecution had proved its case beyond reasonable doubt.
In her judgment, Justice Cecilia Githua held that the three accused acted together in executing a common criminal plan that culminated in Sharon’s murder on September 3, 2018.
The judge found that circumstantial evidence presented by the prosecution formed an unbroken chain linking the three accused to the offence. She particularly relied on evidence showing frequent communication between the accused before, during and after the murder, saying the timing and pattern of the calls pointed to planning, coordination and a shared criminal purpose.
Justice Githua observed that the accused failed to satisfactorily explain matters that were within their special knowledge, including the series of telephone communications relied upon by the prosecution.
According to the court, Obado played the central role by providing the motive and financing the criminal enterprise. Michael Oyamo facilitated the execution of the plan, while Caspal Obiero provided logistical support and helped conceal the crime to avoid detection.
The judge held that the roles played by each accused demonstrated premeditation, participation and a common intention to commit the offence, thereby establishing malice aforethought as required under Section 206 of the Penal Code.
The court further dismissed Obado’s defence that he was in Nairobi at the time Sharon was killed, ruling that his absence from the scene did not shield him from criminal liability.
Justice Githua stated that under the doctrine of common intention, a person can be held criminally responsible even if they did not physically carry out the unlawful act, provided they acted in concert with others to achieve the criminal objective.
Having considered the evidence in its entirety, Justice Githua concluded that the prosecution had proved the charge of murder beyond reasonable doubt. She consequently found Obado, Oyamo and Obiero guilty and convicted all three of the offence of murder.
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