Lawyer Danstan Omari has shed light on the possibility of former Migori Governor Okoth Obado compensating the family of slain Rongo University student Sharon Otieno while still facing a prison sentence. In a recent appearance on Oga Obinna Live, Omari addressed the debate surrounding Obado's pending sentence after Sharon's family expressed forgiveness and requested leniency.
Sharon's family has appealed to the court to consider leniency when sentencing Obado, citing forgiveness and the financial burden incurred following Sharon's death and lengthy court proceedings. The family highlighted approximately KSh4.7 million in expenses, including costs associated with attending court proceedings and funeral arrangements. They also requested the court to consider the needs of Sharon's children and other family members.
According to Omari, compensation or forgiveness by the victim's family does not automatically bring a criminal case to an end. He emphasized that Obado can be ordered to compensate for Sharon's death and still go to jail for a life-or-death sentence. Omari noted that Sharon's mother cannot withdraw the case, as a criminal prosecution is different from a private dispute that parties can simply agree to settle.
The court's role in determining the sentence was also highlighted by Omari. He explained that once a person has been convicted of a serious criminal offence such as murder, the victim's family does not have the power to withdraw the case and automatically terminate the proceedings. The court remains responsible for determining the appropriate sentence after considering the circumstances of the offence, submissions from the prosecution and defence, and any mitigation presented on behalf of the accused.
Obado, alongside his former personal assistant Michael Oyamo and former Migori County clerk Caspal Obiero, was convicted over Sharon's murder in July 2026. The three men are now at the sentencing stage, with the court expected to consider the prosecution's position, defence mitigation, and the circumstances surrounding the offence before determining the appropriate sentences.
Sharon's murder sparked a lengthy investigation and high-profile trial that attracted national attention. The case has raised questions about the extent to which a victim's family's wishes can influence the sentencing process. As the court prepares to deliver its sentence, the views of the victim's family will form part of the mitigation considered by the court, but they do not determine the sentence.
The sentencing of Obado and his co-defendants is expected to bring closure to the case. However, the complexities of the case have raised important questions about the role of compensation and forgiveness in criminal proceedings. As the court considers the various factors at play, it will ultimately determine the appropriate sentence for Obado and his co-defendants.
Key points
- Okoth Obado can compensate Sharon Otieno's family and still face imprisonment for her murder.
- The court, not the victim's family, determines the sentence in a criminal case.
- Compensation or forgiveness by the victim's family does not automatically end a criminal case.
