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By Donald O. Magambo
Treasurer, HUSIKA | Researcher in Digital Governance and Public Participation
Nearly eight years after the brutal murder of Rongo University student Sharon Otieno that shocked Kenyans, the High Court has delivered a landmark judgment that will shape discussions on justice, accountability, and the rule of law for years to come.
Justice Cecilia Githua convicted former Migori Governor Zacharia Okoth Obado, his former personal assistant Michael Juma Oyamo, and former Migori County Clerk Caspal Ojwang Obiero of Sharon Otieno's murder, finding that the prosecution had proved the charge beyond reasonable doubt.
More than the conviction of three individuals, the judgment demonstrates how motive, circumstantial evidence, and common intention can establish criminal responsibility even in the absence of an eyewitness to the crime.
A central issue before the court was whether Obado had a reason to eliminate Sharon.
Justice Githua found that Sharon's pregnancy and her intention to make their relationship public posed a serious threat to Obado's political career and public image.
In one of the judgment's most significant findings, the judge stated:
"I am persuaded to agree that... to eradicate the imminent threat of having his name or reputation dragged through the mud by publication in the mainstream media of this relationship with Sharon, the first accused instigated a scheme to eliminate Sharon and, using his influence as the Governor of Migori County, enlisted the services of his trusted aides."
The court rejected Obado's claim that he had accepted responsibility for Sharon and their unborn child, finding instead that the evidence painted a different picture. Justice Githua noted that he had allegedly pressured Sharon to terminate the pregnancy and only renewed contact after she threatened to expose their relationship.
"It cannot be a mere coincidence," the judge observed, "that the first accused developed renewed interest in the deceased when she threatened to publicise their affair."
The court found that Michael Oyamo coordinated communication and arranged the meeting that lured Sharon to Graca Hotel, while Caspal Obiero facilitated the logistical arrangements that enabled the murder.
Although neither man inflicted the fatal injuries, Justice Githua concluded that all three accused persons acted with a common intention and were therefore equally responsible for Sharon's death.
The defence argued throughout the trial that there was no direct evidence linking Obado to the killing. However, the court held that the prosecution had established an unbroken chain of circumstantial evidence through witness testimony, phone records, forensic findings, and the conduct of the accused before and after the murder.
The judgment reinforces a long-standing principle of Kenyan criminal law: where circumstantial evidence irresistibly points to guilt and excludes any reasonable alternative explanation, it is sufficient to sustain a conviction.
Justice Githua also reaffirmed that public office offers no immunity from criminal responsibility. Although Obado was not physically present when Sharon was killed, the court found that his role in planning and directing the scheme made him equally culpable.
In concluding the case, the judge declared:
"It is my finding that the prosecution has proved the charge of murder against the accused persons."
Those words ended nearly eight years of legal proceedings and one of Kenya's most closely followed criminal trials.
Beyond the courtroom, the judgment carries wider significance. It reaffirms judicial independence, strengthens public confidence in the rule of law, and sends a powerful message that accountability applies equally to all, regardless of political status or influence.
The conviction of Zacharia Okoth Obado, Michael Juma Oyamo, and Caspal Ojwang Obiero closes a painful chapter that has remained in Kenya's national consciousness since September 2018.
For Sharon Otieno's family, the judgment represents a long-awaited measure of justice, even though no court can undo the profound loss they have endured. For the convicted persons, the legal process now moves to sentencing and any appeals available under the law.
Above all, the judgment stands as a reminder that the strength of a constitutional democracy lies in an independent judiciary willing to decide even the most politically sensitive cases on evidence alone. After nearly eight years, the Sharon Otieno case has become more than a murder trial it is a testament to the enduring principle that no one is above the law.
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