Obado Still Has A Chance To Fight Murder Conviction As The Next Court Battle Could Change His Fate

Former Migori Governor Okoth Obado still has legal options after the High Court found him guilty of the 2018 murder of university student Sharon Otieno. 

Although the conviction is a major milestone in the case, Kenyan law allows him to challenge both the verdict and the sentence through the country's appellate courts.

His first option is to file an appeal at the Court of Appeal. There, his lawyers can argue that the trial judge made legal errors or failed to properly assess the evidence presented during the trial. 

They may also claim that some evidence should not have been admitted or that the sentence handed down was not justified.

The Court of Appeal has several powers when hearing such a case. It can uphold the conviction and sentence if it agrees with the High Court. 

It can also overturn the conviction and set Obado free if it finds that the trial was flawed. Another option is ordering a fresh trial or changing the sentence while leaving the conviction in place.

If the Court of Appeal upholds the decision, Obado cannot automatically move to the Supreme Court. 

Unlike appeals from the High Court, criminal cases only reach the Supreme Court under special conditions. The case must involve the interpretation of the Constitution or raise issues of great public importance.

This means his legal team would have to convince either the Court of Appeal or the Supreme Court that the case goes beyond his personal circumstances. 

Simply disagreeing with how the evidence was examined or how witnesses were assessed is not enough to secure a hearing before the country's highest court.

If Obado receives a prison sentence, he may also apply for bail while waiting for the appeal to be heard. However, bail after conviction is rarely granted. 

Courts usually require proof that the appeal has a strong chance of succeeding or that exceptional circumstances exist.

The appeal process in murder cases can take many months or even years. Delays may arise from the preparation of court records, written submissions and the court's schedule. If the case eventually reaches the Supreme Court, the legal battle could continue even longer before a final decision is made.

Obado's conviction followed nearly eight years of court proceedings over the killing of Sharon Otieno, who was seven months pregnant when she was murdered in September 2018. The case attracted nationwide attention and remains one of Kenya's most closely watched criminal trials.