Danstan Omari Explains Why Obado Could Compensate Sharon Otieno’s Family and Still Go to Jail

Lawyer Danstan Omari has explained why former Migori Governor Okoth Obado could compensate the family of slain Rongo University student Sharon Otieno and still face a prison sentence.

Speaking during an appearance on Oga Obinna Live, Omari addressed the debate surrounding Obado’s pending sentence after Sharon’s family asked the court to consider leniency and said they had forgiven the former governor.

Omari stressed that compensation or forgiveness by the victim’s family does not automatically bring a criminal case to an end.

“Obado can be ordered to compensate for the death of Sharon and still go to jail for a life-or-death sentence. Sharon’s mother cannot withdraw the case!” Omari said.

Sharon’s family seeks leniency

The discussion comes after Sharon’s parents appealed to the court to consider leniency when sentencing Obado.

The family has said it has forgiven the former governor and wants the court to consider reconciliation, as well as the interests of Sharon’s children and other dependants.

The family has also highlighted the financial burden it incurred following Sharon’s death and throughout the lengthy court proceedings.

Reports indicate that the family cited approximately KSh4.7 million in expenses, including costs associated with attending court proceedings and funeral arrangements. It also asked the court to take into account the needs of Sharon’s children and other family members.

Why compensation does not end a criminal case

Omari explained that a criminal prosecution is different from a private dispute that parties can simply agree to settle.

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.

The views of the victim’s family may therefore form part of the mitigation considered by the court, but they do not determine the sentence.

As a result, even if Sharon’s family accepts compensation or asks the court to show mercy, the judge can still impose a custodial sentence.

Obado awaits sentencing

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.