Lawyer Danstan Omari has explained why former Migori Governor Okoth Obado could still face a lengthy prison sentence even if he is ordered to compensate the family of Sharon Otieno.
Speaking about the murder case, Omari said compensation and imprisonment are separate matters in criminal proceedings. He argued that a court can order a convicted person to compensate the victim’s family while also imposing a custodial sentence.
“Obado can be ordered compensate for the death of Sharon and still go to jail for a life-or-death sentence, Sharon’s mother cannot withdraw the case!” Omari said.
His remarks came as attention remained focused on the sentencing phase of the case involving Obado and his co-accused following their conviction over the killing of Sharon Otieno.
Omari also referred to former Kiambu Governor Ferdinand Waititu and Obado while discussing how high-profile convicts can experience prison conditions.
“Watu kama akina Waititu na Obado wakienda jela wanaendanga kwa jela first class!” he said.
The lawyer’s comments highlight an important distinction in Kenyan criminal law. A compensation order does not necessarily replace imprisonment. The court can consider compensation as part of the sentence while still imposing another form of punishment allowed under the law.
Sharon’s mother, Melida Auma, has previously spoken about her position on Obado’s punishment. During mitigation proceedings, she asked the court to consider a non-custodial sentence, saying she had forgiven the former governor.
However, the decision on the appropriate sentence ultimately rests with the court after considering the circumstances of the offence, mitigation by the convicted persons, victim impact statements and the applicable law.
The case has attracted significant public attention since Sharon, who was pregnant at the time, was found murdered in September 2018.
The sentencing proceedings will determine the punishment to be imposed on those convicted after the court found that the prosecution had proved its case against them beyond reasonable doubt.