The Director of Public Prosecutions (DPP) has today urged the High Court sitting in Nairobi to consider imposing the death sentence on former Migori Governor Zachary Okoth Obado, his Personal Assistant Michael Juma Oyamo and Caspal Obiero following their conviction for the murder of university student and mother of three, Sharon Otieno and her unborn child.
During sentencing submissions before Justice Cecilia Githua, Senior Assistant Director of Public Prosecutions (SADPP) Gikui Gichuhi urged the Court to consider the maximum sentence provided under Section 204 of the Penal Code, based on the circumstances of the offence and the individual culpability of each convicted person.
Ms. Gichuhi told the Court that while the prosecution respected the deceased family’s decision to forgive Obado and their plea for leniency, their views, though relevant, 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.
Sharon’s parents, Douglas Otieno and Melinda Auma, were allowed to address the Court during the sentencing hearing. Both said they had forgiven Obado and appealed for a non-custodial sentence.
Prosecution opposed a non-custodial sentence for any of the three convicts, arguing that such a sentence would not adequately reflect the gravity of the offence or serve the purposes of punishment, denunciation and general deterrence.
Prosecution further submitted that the murder was not a private dispute but a public offence against the State and society, requiring the sentence to take into account accountability, proportionality, deterrence, denunciation and public confidence in the administration of justice.
Ms. Gichuhi told the Court that the prosecution had placed before it the relevant law, aggravating and mitigating circumstances, victim impact material, probation reports and public-interest considerations.
“The Court must impose a lawful and proportionate sentence after independently weighing the totality of the material,” he said.
The Court previously found that the prosecution had proved its case beyond reasonable doubt and convicted the three for the murder of Ms. Otieno’s and her unborn child.
The Court is expected to sentence the three convicted persons on 27th November 2026.
