NAIROBI, Kenya, Feb 20 — The High Court will set a judgment date on March 18 in the 2018 Sharon Otieno murder trial against former Migori Governor Zacharia Obado and his co-accused, after all parties agreed to rely on written submissions rather than highlight arguments in court.
During Friday’s hearing, the second accused’s counsel requested that the court dispense with his client’s physical attendance due to hospitalisation.
While the prosecution acknowledged his absence, the court emphasised the constitutional requirement for the personal presence of all accused, citing Article 50(2)(f) and Article 25, which guarantee the right to a fair trial.
The court directed that the second accused must provide medical evidence before the March 18 mention.
“A proposal was made that the hearing could proceed in the absence of the second accused, but this is a direction the court is not willing to take given the constitutional safeguards,” the Justice Cecilia Githua stated.
All parties agreed to proceed on the basis of written submissions, allowing the case to move towards conclusion without delay.
The virtual mention is scheduled for 9.30am when the court will formally fix a date for judgment.
2018 murder
The high-profile trial stems from the murder of Sharon Beryl Otieno, a university student found dead near River Owade in Homa Bay County on September 4, 2018.
Postmortem reports indicated she died from severe haemorrhage and manual strangulation while approximately 28 weeks pregnant.
Former Governor Obado, along with his former personal assistant Michael Juma Oyamo and former Migori County clerk Caspal Ojwang Obiero, are charged with her murder.
In January 2025, the High Court dismissed a second count concerning the death of the unborn child but ruled that the three had a case to answer regarding Sharon’s death. All have denied the charges.
On Thursday, Obado’s defence, led by Senior Counsel Kioko Kilikumi, urged the court to acquit him, arguing that the prosecution had failed to establish a motive or provide direct evidence linking him to Sharon’s death.
The defence acknowledged an intimate relationship between Obado and Sharon, including DNA confirmation that he fathered the unborn child, but insisted that this did not constitute a motive for murder.
“The prosecution has merely painted the first accused with the colours of suspicion,” the defence submitted, highlighting gaps in the investigation and alleging that other possible leads were not fully pursued.
The court is now expected to consider the final submissions before delivering a judgment in a case that has drawn national attention for its complex legal and personal dimensions.