Mother of the late Sharon, Melinda Auma, addresses the court during the mitigation and the sentence hearing of the murder case of the late Sharon Otieno at Milimani High Court, Nairobi, on September 16, 2026/LEAH MUKANGAI
The mother of slain university student Sharon Otieno has pleaded with the High Court at Milimani to spare former Migori Governor Okoth Obado a prison or death sentence.
The mother said his imprisonment would amount to another death in her life.
Melida Auma made the emotional appeal on Wednesday when she addressed Justice Cecilia Githua during the mitigation and sentencing hearing following Obado’s conviction for Sharon’s murder.
“Don’t crucify Governor Obado. If he goes for death or life sentencing, I’ll see another death in my life. Do me a favour; just don’t take him to jail,” Auma told the court.
The mother said the family had forgiven Obado, pointing to what she described as his remorse at the time of Sharon’s death and throughout the court proceedings.
“Since the first accused (Obado) has been remorseful at the time of death and during court proceedings and is asking for forgiveness, we said as a family we have forgiven the first accused,” she said.
Through their lawyer, Sharon’s parents had asked the court to consider a non-custodial sentence for Obado, saying their relationship with the former governor had remained cordial even after their daughter’s death.
The lawyer told the court that the family wanted that relationship to continue, urging the judge to consider the emotional and psychological needs of the victims when determining the sentence.
“Restorative justice requires, in passing sentences on convicted persons, court should not only place focus on legal procedures at expense of victims emotional and psychological needs,” the lawyer submitted.
The family’s lawyer further argued that victims should not be neglected during the sentencing process, saying their views formed an integral part of the proceedings.
The plea came as the prosecution urged the court to impose a sentence that reflects the seriousness of the offence and serves the interests of the public.
State counsel Gikui Gichuhi submitted that although Sharon’s parents were entitled to express their views before the court, the decision on the appropriate sentence rested with the judge.
“We don't question the right of parents to speak their minds before this court. Their views are relevant, however, they don't get to determine the sentence,” Gichuhi submitted.
She said the offence before the court was one against the State and the community, adding that the sentence should serve as a deterrent and promote public confidence in the administration of justice.
Gichuhi further submitted that sentencing was a judicial function and that the court remained the ultimate decision-maker in exercising its discretion.
She said the discretion had to be guided by the Constitution and established legal precedent.
The prosecution also drew the court’s attention to mitigating circumstances that it was entitled to consider as part of its duty to act fairly and in the public interest.
State counsel said these included the circumstances surrounding the offence, whether an accused was a first offender, previous character, a guilty plea and acceptance of responsibility, mental and physical condition and prospects of rehabilitation.
Other factors cited were remorse, reconciliation measures, personal and family circumstances and time spent in custody.
The court had earlier briefly adjourned the hearing to allow the Judiciary to secure a Luo interpreter after Sharon’s parents indicated they wished to address the court.
Sharon, 26, was seven months pregnant when she was killed in September 2018. She was a second-year student at Rongo University pursuing a diploma in Medical Records.
Her body was found in a thicket near Kodera Forest in Homa Bay County after she was allegedly abducted alongside journalist Barrack Oduor, who escaped by jumping from a moving vehicle.
Obado, his former personal assistant Michael Juma Oyamo and former Migori County official Caspal Ajwang Obiero were convicted after the court found that the prosecution had established an unbroken chain of circumstantial evidence linking them to Sharon’s killing.
The court is expected to consider the mitigation submissions, victim impact statement and pre-sentence reports before determining the sentences.
