NAIROBI, Kenya — The Director of Public Prosecutions (DPP) has urged the High Court 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.
Senior Assistant Director of Public Prosecutions (SADPP) Gikui Gichuhi made the submission on Wednesday, September 16, 2026, during mitigation proceedings before Milimani High Court Judge Cecilia Githua.
Gichuhi urged the court to consider the maximum sentence provided under Section 204 of the Penal Code, taking into account the circumstances of the offence and the individual culpability of Obado, his former personal assistant Michael Juma Oyamo, and former Migori County official Caspal Ojwang Obiero.
DPP Seeks Maximum Sentence
The prosecution opposed a non-custodial sentence for any of the three convicts, arguing that such punishment would not adequately reflect the seriousness of the offence or meet the objectives of punishment and deterrence.
Gichuhi told the court that the prosecution had presented the relevant law, aggravating and mitigating circumstances, victim-impact material, probation reports and public-interest considerations.
The DPP’s office argued that the court should impose a sentence that reflects the gravity of the offence, the culpability of each convict and the public interest.
The prosecution also relied on its constitutional mandate under Article 157, which requires the DPP to have regard to the public interest, the administration of justice and the need to prevent and avoid abuse of the legal process.
Prosecution Responds to Sharon’s Parents
The DPP acknowledged that Sharon’s parents had the right to address the court and express their views on sentencing.
Sharon’s parents, Douglas Otieno and Melinda Auma, told the court they had forgiven Obado and asked that he be given a non-custodial sentence.
Auma said sending Obado to prison would amount to another death in her family and appealed to the court not to impose a custodial or death sentence.
The prosecution, however, submitted that the family’s views, while relevant to the sentencing process, 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.
She argued that reconciliation and forgiveness should therefore be considered alongside, rather than instead of, the circumstances of the offence.
DPP Opposes Non-Custodial Sentence
The prosecution maintained that Sharon’s murder was not merely a private dispute but an offence against the State and society.
Gichuhi urged the court to consider accountability, proportionality, deterrence, denunciation and public confidence in the administration of justice when determining the sentence.
The prosecution also asked the judge to independently weigh all the material before the court rather than treating any single mitigating or aggravating factor as decisive.
The final sentencing decision remains with the High Court.
Obado and Co-Convicts Convicted in July
Justice Githua convicted Obado, Oyamo and Obiero on July 23, 2026, after finding that the prosecution had proved its case beyond reasonable doubt.
The three were convicted over the murder of Sharon and her unborn child. The court found that the evidence established an unbroken chain of circumstances linking the three to the killing.
Following the convictions, the court cancelled their bond terms and ordered them to remain in custody pending sentencing.
Sharon’s Family Seeks Leniency
Sharon’s parents were allowed to address the court during the sentencing proceedings after the hearing was temporarily adjourned to facilitate their request for an interpreter.
The family’s position has introduced a significant contrast in the sentencing proceedings, with the prosecution seeking the maximum penalty while Sharon’s parents have asked the court to spare Obado from imprisonment.
The family has previously told the court about the financial and emotional impact of Sharon’s death and the burden of the lengthy legal proceedings. A victim impact statement indicated that the family had spent about Sh1.2 million attending court proceedings and Sh3.5 million on funeral expenses.
Court to Determine Sentence
The High Court will consider the prosecution’s submissions alongside the defence mitigation, victim-impact material and pre-sentence reports before determining the appropriate sentences.
The prosecution has urged the court to impose the death sentence under Section 204 of the Penal Code, while Sharon’s parents have asked for a non-custodial sentence for Obado.
The three convicts remain in custody as the sentencing process continues.
The court is expected to deliver the sentences on November 27, 2026.
