A second murder charge has been preferred against Migori Governor Okoth Obado, who is facing a count over the killing of Rongo University student Sharon Otieno.
Obado, his personal assistant, Michael Oyamo, and the Migori county clerk, Caspal Obiero, who until yesterday were each facing one count of murder, now face another charge of the murder of Sharon's unborn child after the court allowed the Office of the Director of Public Prosecutions (ODPP) to consolidate the two cases.
Sharon was seven months pregnant when she was killed.
Justice Jessie Lesiit pushed the hearing of Obado's bail application to Friday, October 12.
In the first count, Obado, Oyamo and Obiero were charged afresh with jointly murdering Sharon on the night of September 3 at Kodera Forest in Oyugis town, Homa Bay County. In the second count, the three were charged with killing Sharon’s unborn baby, referred to as “Baby Sharon” in the charge sheet.
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The DPP’s decision to amend the charge sheet to introduce the killing of the foetus is unprecedented and will likely open a new chapter in the prosecution of suspects accused of killing unborn babies.
State prosecutors Jacob Ondari and Alexander Muteti had previously told the court that the ODPP would seek to amend the charge sheet to include the murder of Sharon’s seven-month-old foetus.
According to the prosecutors, the Constitution states that life begins at conception and that they could not overlook the fact that a second person was killed alongside Sharon.
A postmortem report filed in court by the DPP showed that the foetus died as a result of stab wounds on the right side through its mother’s womb. The report also had DNA results that implied that Obado was the biological father of the baby boy.
Obado renewed his quest to be released on bail last week, arguing that investigations had been completed and the witness statements supplied, and that he was suffering from severe backache that required medical care.
Justice Lesiit had previously denied him bail on grounds that the committal bundles and witness statements had not been supplied.
His lawyer, Nicholas Ombija, submitted that there were no grounds to continue keeping the governor in custody given that all the witnesses have been secured.
Yesterday, Justice Lesiit directed that the three applications for bail be heard on Friday at 2.30pm.
