Sharon Obado Murder Case: high court defers highlighting after second accused falls ill

The High Court has deferred the highlighting of submissions in the murder trial of university student Sharon Otieno Obado after the second accused, Michael Oyamo, failed to attend proceedings due to illness.

The matter had been scheduled for highlighting of submissions, but the judge ruled that the session could not proceed in the absence of one of the accused. 

The court clarified that the next date, March 18, will be for judgment and will be conducted virtually.

Former Governor Zachary Okoth Obado/Photo/File

Defence counsel told the court that Oyamo was unwell and had been admitted to Rapogi Community Centre Hospital after doctors recommended hospitalization following a medical examination. 

The court heard that he is still admitted and that medical documents have not yet been filed since he remains under treatment.

Counsel argued that asking a hospitalized person to explain himself would be unreasonable.

“Asking a sick person to speak why he is on a hospital bed is unfair. The accused person is in Migori, 700km away. He cannot write a letter or scan for the court, and he did not wish to delay this trial,”defence counsel said 

The prosecution opposed the request, arguing that no admission notes or medical records had been presented to confirm the illness. 

“There was no documentation before the court and no written explanation from the accused, hence we urge that proof be provided or other action considered,” state counsel said.

The judge emphasized constitutional safeguards, noting that the trial requires the full presence of all accused persons:

“Article in the Constitution requires the full presence of all the accused for the trial, and the absence makes it hard and not possible for the continuation of the highlighting of submissions.”

Former Governor Zachary Okoth Obado and the third accused Casper Obiero were present for the trial.

The case arises from the 2018 killing of Sharon together with his unborn child which led to charges against former Migori Governor Okoth Obado, alongside Oyamo and Casper Obiero. 

All three denied the charges but were later found to have a case to answer and placed on their defence, paving the way for the judgment now scheduled for March 18.