Obado says he was only prosecuted because of impregnating Sharon
Former Migori Governor Zacharia Okoth Obado is arguing that the only reason the prosecution charged him over the late Sharon Berly Otieno murder was that he had impregnated her.
According to Obado’s final submissions, the investigating officer in the murder of Sharon clearly states that his arrest and prosecution were because he was responsible for the deceased’s pregnancy.
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Through his lawyer, Kioko Kilukumi, Obado argues that the investigating officers relied on mere suspicions instead of doing thorough investigations before arresting and pressing charges against him.
Further, Kilukumi states that evidence tabled by the State has failed to prove how Obado was directly or indirectly involved in the murder of the late Sharon.
“Regrettably, the investigators, instead of pursuing objective, independent, scientific and professional criminal investigations, were also consumed by the suspicions and devoted their investigations to proving the suspicions correct and accurate,” part of the submissions reads.
“We submit that the prosecution evidence, taken at its best, is that the investigators and prosecution have managed to paint, with a broad brush, the first accused (Obado) with the colours of suspicion. Evidence beyond reasonable doubt that the first accused (Obado) participated in any way whatsoever in the killing of Sharon is spectacularly lacking,” lawyer Kilukumi states in the submissions.
Notably, he avers that there is no direct evidence on the identity of the four persons responsible for the actual killing of the deceased.
According to the defence, the prosecution relies wholly on circumstantial evidence, and none of the 42 witnesses lined up by the prosecution witnessed the actual killing, the planning and/or the financing of the crime.
In addition, he stated that the prosecution failed to adduce evidence to link Obado with the killers of the deceased since no evidence was ever adduced to demonstrate that he knew of a meeting at Graca Hotel, Rongo, at the material time.
“No evidence was adduced that the accused hired, procured or otherwise contracted the killers directly or indirectly. At the material time, the 1st accused’s (Obado) call data³¹ confirmed by the investigating officer shows he was in Nairobi preparing for an official journey to Rwanda,” the submission reads.
