The fate of former Migori Governor Okoth Obado will be determined later in the year after the High Court postponed his sentencing in the murder of Sharon Otieno.
Justice Cecelia Waithaya Githua set November 27 as the new date for the court to deliver its sentence after hearing submissions from the prosecution, defence and victims affected by the case.
The judge said the court had received both oral arguments made during Wednesday’s proceedings and written submissions filed by the parties. She explained that the court would now take time to consider all the material before deciding on the appropriate sentence.
“The court has been informed by the parties, together with the written submissions on litigation, and will deliver its ruling on sentence on the 27th of November,” Githua stated.
The postponement also comes as the Judiciary prepares for its annual meeting, which begins on Thursday, September 17. The judge said the court therefore needed to set the sentencing date further ahead to allow it enough time to consider the issues raised during the hearing.
Githua said the court would review several documents and submissions before making its decision. These include probation reports, the victim impact statement, prosecution submissions, defence mitigation and other material that has already been filed in court.
Obado has asked the court to consider a lenient sentence. His defence relied partly on a pre-sentence report that recommended a non-custodial sentence, citing his age, health and the fact that he has no previous criminal convictions.
The sentencing hearing also heard an emotional plea from Sharon Otieno’s mother, Melida Auma, who asked the court not to send Obado to prison.
Auma told the court that the loss of her daughter had already caused her immense pain and that a death or life imprisonment sentence against Obado would make her feel as though she was going through another death.
“Don’t crucify Governor Obado. If he goes for death or life sentencing, I’ll see another death in my life. Do me a favour; just don’t take him to jail,” Auma said.
She also told the court that the family had forgiven Obado after he expressed remorse and asked for forgiveness during the court proceedings.
“Since the first accused, Obado, has been remorseful at the time of death and during court proceedings and is asking for forgiveness, we said as a family we have forgiven the first accused,” she added.
The plea came after Justice Githua convicted Obado and his two co-accused, Michael Oyamo and Caspal Obiero, on July 23 over Sharon’s murder.
The court found that Obado financed the killing, while Oyamo played a key role in carrying it out and Obiero helped conceal the crime.
The conviction followed a lengthy trial in which the prosecution presented evidence from 42 witnesses and produced 81 exhibits. After delivering the judgment, the court cancelled the trio’s bonds, meaning they have remained in custody as they await sentencing.
The November 27 hearing will therefore give the court an opportunity to consider the different positions presented by the prosecution, defence and Sharon’s family before determining the sentences for the three convicts.
