By Valentine Omondi
A dramatic turn in the sentencing of former Migori Governor Zachary Okoth Obado and his two co-convicts emerged on Wednesday after the parents of murdered university student Sharon Otieno asked the High Court to spare Obado a prison term, while prosecutors urged the court to consider the death sentence for all three.
Sharon’s father, Douglas Otieno, and mother, Melinda Auma, told the High Court in Nairobi that they had forgiven Obado and appealed for a non-custodial sentence.
Their plea, however, was strongly opposed by the Office of the Director of Public Prosecutions, which asked Justice Cecilia Githua to impose the maximum sentence provided under Section 204 of the Penal Code.
The prosecution argued that the circumstances surrounding Sharon’s murder were sufficiently grave to warrant the death sentence for Obado, his former Personal Assistant, Michael Juma Oyamo, and Caspal Obiero.
Parents Ask Court to Spare Obado
The parents were allowed to address the court during Wednesday’s sentencing proceedings, where they made a personal appeal for leniency towards the former governor.
Both told the court that they had forgiven Obado and asked that he be spared a custodial sentence.
Their intervention introduced a striking contrast into the sentencing proceedings, coming after the court had already convicted Obado and his two co-accused over Sharon’s murder and that of her unborn child.
Sharon’s father went further by distinguishing Obado from the two co-convicts, maintaining that his forgiveness of the former governor did not amount to extending the same position to Oyamo and Obiero.
Sharon’s mother, meanwhile, made an emotional appeal to the court, asking Justice Githua to consider the consequences of sending Obado to prison.
The parents’ position placed the court in the unusual position of considering a plea for leniency from the family of the victim as the prosecution pressed for the harshest sentence available in law.
Prosecution Seeks Death Sentence
Senior Assistant Director of Public Prosecutions Gikui Gichuhi told the court that the prosecution respected the parents’ decision to forgive Obado and their plea for leniency, but argued that their wishes could not determine the sentence.
“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 prosecution opposed a non-custodial sentence for all three convicts, arguing that such a punishment would not adequately reflect the gravity of the offence or fulfil the purposes of punishment, denunciation and general deterrence.
Gichuhi asked the court to consider the maximum sentence under Section 204 of the Penal Code based on the circumstances of the murder and the individual culpability of each of the three men.
The prosecution maintained that its request for the death sentence was not based merely on the existence of the statutory penalty, but on an assessment of the offence, the circumstances surrounding it and the respective culpability of the convicted persons.
It also argued that Sharon’s murder was not a private dispute but a public offence against the State and society.
The prosecution said the sentence should therefore address accountability, proportionality, deterrence, denunciation and public confidence in the administration of justice.
Gichuhi told the court that the prosecution had presented relevant law, aggravating and mitigating circumstances, victim impact material, probation reports and public interest considerations for consideration before sentencing.
“The Court must impose a lawful and proportionate sentence after independently weighing the totality of the material,” the prosecution submitted.
Sharon’s 2018 Murder
Sharon’s murder dates back to September 2018, when the university student and mother of three was abducted alongside Nation Media Group journalist Barrack Oduor in Migori County.
Sharon, who was pregnant at the time, was later found dead in the Kodera Forest area of Homa Bay County.
Her death triggered a high-profile criminal investigation and a lengthy court case in which the prosecution sought to establish the circumstances surrounding her abduction and murder and the roles played by the three accused persons.
The case remained before the courts for several years as prosecutors presented evidence linking Obado, Oyamo and Obiero to the killing.
On July 23, 2026, the High Court convicted the three men after finding that the prosecution had proved its case beyond reasonable doubt.
The conviction brought to an end the trial phase of a case that had remained in the public spotlight since Sharon’s death eight years earlier.
The court found the three guilty of Sharon’s murder and that of her unborn child, paving the way for the current sentencing proceedings.
Court to Decide Sentence
Wednesday’s proceedings therefore brought two sharply different positions before Justice Githua.
On one side were Sharon’s parents, who told the court they had forgiven Obado and wanted him spared a custodial sentence.
On the other was the prosecution, which maintained that none of the three convicts deserved a non-custodial sentence and asked the court to consider the death penalty.
The parents’ views will form part of the material before the court, but the prosecution maintained that sentencing remains a judicial decision requiring the court to independently weigh the aggravating and mitigating circumstances alongside the law and other material presented before it.
The High Court is expected to sentence Obado, Oyamo and Obiero on November 27, 2026.
Until then, the court will have to weigh the competing submissions from the prosecution, the defence and Sharon’s family before determining the appropriate sentence for the three men convicted over the 2018 killing.
