BY IRENE ONYANGO.
Former Migori Governor Okoth Obado has defended himself over the murder of former Rongo University student Sharon Otieno saying no evidence has been tabled placing him at the crime scene.
Obado told the trial judge Cecilia Githua that prosecution failed to link him directly to the murder of the late university student and her unborn baby, who murdered in a forest in Migori county in September 2019.
He added that none of the 42 witnesses had implicated him directly or indirectly in the heinous murder of his ex-lover.
Through Senior Counsel Kioko Kilukumi, Obado said he was in Nairobi at the time when Sharon was murdered in Homa Bay County.
He submitted that the prosecution has not established a prima facie case against him and the court should acquit him.
“The investigation and prosecution’s evidence in this case has been characterized by planted witnesses, exhibits and concealment of very relevant exhibits and witnesses,” submitted lawyer Kilukumi.
He said the documents produced reveal testimonies challenging the credibility of prosecution witnesses.
While referring to Section 203 of the penal code, Kilukumi submitted that the prosecution cannot charge Obado with the murder of Otieno’s unborn child stating that a murder charge could only apply if the child was born alive, a condition that was not met.
“We respectfully submit that under the provisions of the Penal Code, one cannot be charged with the offence of murder of an unborn child under section 203 as read with Section 204,” submitted Kilukumi.
Kilukumi told trial court Judge that even though the Constitution recognizes that life begins at conception, the Penal Code under Section 214 specifically provides that, “a child becomes a person capable of being killed when it has completely proceeded in a living state from the body of its mother, whether it has breathed or not, an whether it has an independent circulation or not, and whether the navel-string is severed or not.
He said the Penal Code does not contradict the constitutional provision as it recognizes the offence of killing an unborn child under Section 228 of the Penal Code.
The court heard that there was no physical presence or communication linking Obado to the crime scene or the events leading up to Otieno’s abduction and subsequent death maintaining that Obado’s only involvement with Otieno was limited to financial assistance related to the pregnancy.
“The entire evidence in this case as it relates to the 1st accused (Obado) is about the relationship, the pregnancy, taking care of her, the monies sent to her for upkeep, her being taken care of at matter hospital and plans to build her a home at Homa Bay,”
The defense urges the court to dismiss the case alleging that the prosecution’s arguments rely more on suspicion than on substantive evidence.
Obado who is accused alongside Michael Juma Oyamo and Caspal Ojwang Obiero, is charged with the murder of Otieno and her unborn child in 2019, a matter that drawn national attention due to the high-profile nature of the case.
The hearing of the case will resume on January 30, 2025.
