Sharon Otieno case: Why murder charge stands even in absence of motive - court
The High Court in Nairobi has ruled that the prosecution does not need to prove motive to sustain a murder charge in the trial of Sharon Otieno. The judge clarified that under the Penal Code, motive is not a necessary ingredient for proving malice aforethought in criminal cases.
Why it matters
This legal precedent clarifies the burden of proof in Kenyan criminal law, ensuring that the absence of a clear motive does not automatically exonerate defendants in murder trials.
High Court Judge Cecilia Githua delivers judgment in the Sharon Otieno muder trial at the Milimani Law Courts on Thursday, July 23, 2026. /SCREENGRAB
The High Court in Nairobi has dismissed arguments by Michael Oyamo, former Personal Assistant to former Migori Governor Zachary Okoth Obado, that he should be acquitted of Sharon Otieno's murder because he had no motive to kill her.
In his written defence, Oyamo maintained that his role in matters involving Sharon was limited to that of a messenger.
He argued that he merely conveyed money and information on behalf of Obado, whom DNA tests established was the father of Sharon's unborn child.
Co-accused Caspal Ojwang Obiero, the former Migori county Clerk, also told the court that he barely knew Sharon, having met her only once before her murder in September 2018.
Obiero argued that he therefore had no reason to participate in her killing.
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