The High Court at Milimani, Nairobi, has set September 16 as the earliest possible date for the sentencing hearing of former Migori Governor Okoth Obado and his two co-accused, Michael Juma Oyamo and Caspal Ajwang Obiero, following their conviction in the murder case involving Sharon Otieno.
The victim’s family, in their impact statement, detailed the profound suffering they have endured since the death of their daughter on September 3, 2018.
The victim’s family prayed for compensation, adding that they have no means to meet their immediate and future obligations of taking care of the victim’s children, her siblings and the parents themselves, who are growing old.
They further asked the court to consider the impact of the crime on the family and grant appropriate relief.
The family noted they had spent an estimated Sh1.2 million attending court proceedings and Sh3.5 million on funeral expenses.
They have gone to the extent of selling the family’s one-acre piece of land and a cow to supplement the huge deficit they were operating on.
The 26-year-old university student, who was seven months pregnant at the time of her death, was a second-year student at Rongo University pursuing a diploma in Medical Records.
She left behind children, now aged between nine and twelve, who have been rendered orphans.
The court heard that the family, of low socio-economic means, has been devastated by the loss.
The family reported that the circumstances surrounding the victim’s death have left them with permanent memories, adding that the level of violence and anger they believe was involved was unreasonable and of monumental proportions.
The victim’s mother, when approached by the second accused’s family for reconciliation, asked why now after the conviction.
They indicated that they have forgiven the person concerned but would want the court to impose punishment for the offence for which he was convicted.
In contrast, the former governor, now 64 years old and remanded at GK Kamiti Maximum Prison, maintained his innocence. In the pre-sentence report, he stated that he did not murder or participate in the killing in any way.
He attributed his predicament to political woes and machinations to soil his character.
While he did not accept responsibility for the offence, he acknowledged the tragic outcome and has expressed a desire for reconciliation with the victim’s family.
He prayed for leniency from the court, particularly considering the duration the matter has taken to its conclusion, his health status as well as age, and has requested a non-custodial sentence.
The second accused, Michael Juma Oyamo, served as the Governor’s Personal Assistant.
The pre-sentence report states he regrets what has befallen him after the conviction in the murder case; his misplaced sense of loyalty to his immediate boss, being out of touch with the realities of his actions so as to be seen as a diligent servant all dawned on him when he took plea for murder.
He stated that he was saddened by the death of the victim, adding that if he knew that the end was going to be macabre as it was, he would have advised the victim otherwise so as to save her life and that of the unborn child.
The third accused, Caspal Ajwang Obiero, who worked with the Migori County Government, also denied participation in the offence.
The report notes that his motor vehicle facilitated the transportation of the persons identified in the case to and from the scene of crime.
He acknowledged the pain and loss suffered by the victim’s family and conveyed genuine regret over the incident and its consequences.
However, the victim’s family reported that there have been no efforts by the person concerned to reach out to them for reconciliation, largely attributed to his financial circumstances.
All three men have been described positively by their families and communities, with reports highlighting their contributions to community development, support for vulnerable persons, and active participation in church activities.
The community has expressed willingness to receive them back and participate in their rehabilitation should the court consider non-custodial sentences.
During the mention, the court directed that the victim impact statement be shared with all parties by the close of business.
The judge ruled that parties would thereafter file submissions on mitigation and sentencing.
The prosecution requested seven to 14 days to file their submissions, a timeline the court indicated it would consider.
The court confirmed September 16 for the sentence hearing.