Obado and Co-accused has a right to appeal against High court’s decision

Former President of the East African Law Society SC James Aggrey Mwamu at his office in Kisumu-Story and Photo By Dickson Odhiambo

 July 27, 2026

Obado and 

Obado and Co-accused has a right to appeal against High court’s decision

The Former Migori Governor and his two Co-accused persons who have been convicted of the murder of a University Student in 2018 have a right to appeal that High Court’s decision in the Court of Appeal, a Senior Counsel has said.

Former President of the East African Law Society Senior Council James Aggrey Mwamu says once the High Court will pass its sentence then the three accused persons should make their appeal to the Court of Appeal.

Addressing the press at his Kisumu office today, Mwamu say by now the three accused persons should file a notice of appeal to the Appellate Court.

Mwamu says within a period of 14 days such an appeal should be made, adding that the Criminal Procedure Code allows for this.

He says the Court of Appeal will do three things in regard to the Appeal if made before it which include the allowing the Appeal to go through citing lack of sufficient evidence by the prosecution to prove the case beyond reasonable doubt.

“The Court of Appeal can also order for a re-trial of the case should it find that it was not properly tried at the High Court in accordance with the law,”Mwamu says.

Mwamu further says the Court of Appeal can also dismiss the appeal by upholding the High Court’s decision should it find that there was proper evidence in prosecuting and judging case.

On the sentencing of the three Accused persons in the murder of Sharon Otieno, the High Court will rely heavily on the probation report that will be presented to the court within the 21 days after the date of conviction of the accused persons.

He adds that one of the things the Probation report will tell the court is the ages of the accused persons in the case, the manner in which the offence was committed.

The Senior Counsel says the probation report will also consider the psychological effects of the deceased family or how it has been affected by the offence.

“Those are some of the issues that will feature in the probation report and will be presented to court before sentencing of the accused persons in this matter is done,” says Mwamu, adding the the aspect of whether the accused persons being remorseful will also be taken into account in the probation report.

The High Court on Thursday last week found the Former Migori Governor Zachary Okoth Obado, Michael Oyamo{Obado’s Personal Assistant} and Casper Obiero, former Clerk of the Migori County Assembly guilty of murdering Sharon Otieno,  University Student at Rongo University in September 2018.

The Court also cancelled the Bond that was given to the Accused persons and ordered to be remanded in custody awaiting sentencing in 21 days’ time from the time of the conviction.