Judge: Obado had strong motive to silence Sharon Otieno

Former Migori Governor Okoth Obado had a strong motive to silence Sharon Otieno in order to prevent details of their affair from reaching the public and damaging his political career, the High Court has found.

While delivering judgment on Thursday, Justice Cecilia Githua said the evidence presented during the trial showed that Obado was keen to contain information about his relationship with Sharon and her pregnancy, despite his claim that the affair was already an "open secret."

The judge said although Obado testified that his relationship with Sharon was known to his family, Sharon's family and staff at the Migori County Government, the evidence suggested he wanted to prevent the matter from attracting wider public attention.

Justice Githua cited the testimony of prosecution witness PW9, who told the court that after a meeting at Obado's residence, the former governor escorted them outside and instructed him not to disclose Sharon's pregnancy to anyone.

"The Governor then escorted us outside the main house. We stood at the staircase. He bade us goodbye and promised to keep in touch after instructing me not to tell anybody about Sharon's pregnancy," PW9 testified.

The judge observed that this aspect of the witness's evidence was not expressly challenged by Obado.

The court also referred to the testimony of another witness, whom Obado acknowledged was a truthful witness.

According to the witness, Obado's former personal assistant, Michael Oyamo, was concerned about access to mobile phones belonging to Sharon and journalist Barrack Oduor because they allegedly contained information that could expose the governor through the media.

Justice Githua observed that although the second accused was not directly linked to the contents of the phones, his concern about the information becoming public was significant in understanding the circumstances surrounding the case.

The judge further found that money allegedly sent to Sharon through intermediaries was not necessarily intended for her upkeep.

Instead, she said the prosecution had persuaded the court that the payments were designed to manage the situation and discourage Sharon from publicising the affair.

"From the above evidence, and considering the exorbitant demands that the late Sharon had made to the first accused as a precondition to withholding her intention of going to the media with her story, I am persuaded to agree with the prosecution's submissions that the various amounts of money conveyed from the first accused to the deceased... were not genuinely intended to promote her well-being, but were designed to contain, manage and delay or make Sharon abandon her intention to publicise her affair," the judge said.

Justice Githua also noted that Obado's promise to buy Sharon a plot in Homa Bay had not been fulfilled by the time of her death.

On the evidence before the court, the judge found that Obado had "a very strong motive" to ensure the affair did not become public, adding that the widespread publicity would have exposed him to public embarrassment, reputational damage and possible political consequences.

The former governor was charged alongside his former personal assistant, Michael Oyamo, and former Migori County clerk Caspal Obiero over the murder of Rongo University student Sharon Otieno.

The judge found that, based on the prosecution's evidence, matters relating to Sharon were channelled through Oyamo, who, according to witnesses, delivered money and messages on Obado's behalf and instructed key witnesses to leave all matters concerning Sharon to him.