NAIROBI, Kenya Sep 16 – The Director of Public Prosecutions (DPP) has urged the High Court in Nairobi to impose the death sentence on former Migori Governor Zachary Okoth Obado and his two co-convicts over the murder of university student Sharon Otieno and her unborn child.
Obado, his former Personal Assistant Michael Juma Oyamo and Caspal Obiero were convicted after the High Court found that the prosecution had proved its case beyond reasonable doubt in the murder of Otieno and her unborn child.
During sentencing submissions before Justice Cecilia Githua, Senior Assistant Director of Public Prosecutions (SADPP) Gikui Gichuhi urged the court to consider the maximum penalty provided under Section 204 of the Penal Code.
The prosecution asked the court to consider the circumstances surrounding the offence and the individual culpability of each of the three convicted persons when determining the sentence.
Gichuhi said the prosecution respected the decision by Sharon’s parents, Douglas Otieno and Melinda Auma, to forgive Obado and appeal for leniency.
The parents were allowed to address the court during the sentencing hearing and requested that Obado be given a non-custodial sentence.
However, the prosecution argued that the family’s position, while relevant to sentencing, could not determine the punishment to be imposed by the court.
“Reconciliation may bring peace to a family; it cannot erase the aggravating circumstances in which a life was unlawfully and deliberately taken,” Gichuhi submitted.
The DPP also opposed a non-custodial sentence for any of the three convicts, arguing that such a punishment would not adequately reflect the gravity of the offence or meet the objectives of punishment, denunciation and general deterrence.
The prosecution further argued that the murder constituted a public offence against the State and society and that sentencing should take into account accountability, proportionality, deterrence, denunciation and public confidence in the administration of justice.
The DPP told the court that it had placed before it the applicable law, aggravating and mitigating circumstances, victim impact material, probation reports and public-interest considerations.
Gichuhi urged the court to independently assess the totality of the material before imposing a lawful and proportionate sentence.
The court had previously convicted Obado, Oyamo and Obiero after finding that the prosecution had established their guilt beyond reasonable doubt in connection with the murder of Sharon Otieno and her unborn child.
The three are expected to return to court for sentencing on November 27.
The sentencing will determine the punishment to be imposed following their conviction.
