The Director of Public Prosecutions (DPP) has urged the High Court in Nairobi to consider imposing the death sentence on former Migori Governor Zachary Okoth Obado and his two co-convicts over the murder of university student 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, citing the circumstances of the offence and the individual culpability of each convicted person.
The prosecution opposed calls for a non-custodial sentence, arguing that such a punishment would not adequately reflect the gravity of the offence or meet the objectives of sentencing, including punishment, denunciation and general deterrence.
Gichuhi said the prosecution respected the decision by Sharon’s family to forgive Obado and their appeal for leniency, but argued that the family’s views could not determine the sentence to be imposed by the court.
“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 told the court that they had forgiven Obado and appealed for a non-custodial sentence.
The prosecution, however, maintained that the case should be treated as a serious public offence rather than a private dispute.
It argued that the sentence should take into account accountability, proportionality, deterrence, denunciation and public confidence in the administration of justice.
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,” the prosecution submitted.
The High Court had earlier found that the prosecution proved its case beyond reasonable doubt and convicted Obado, his former personal assistant Michael Juma Oyamo and Caspal Obiero of the murder of Sharon Otieno and her unborn child.
The sentencing hearing now turns to the appropriate punishment for each of the three convicted persons, with the prosecution asking the court to consider the death penalty under Section 204 of the Penal Code.
The High Court is expected to sentence the three on November 27, 2026.
