A decision by the Director of Public Prosecutions (DPP) to withdraw a conspiracy to murder charge against Migori Governor Okoth Obado has draws protests from the family of the late Sharon Otieno.
Sharon’s family protests DPP’s decision to withdraw conspiracy to murder charge against Obado
FIDA has also complained
Obado will only face the murder charge, which has a high threshold of proof and attracts the death sentence upon conviction.
The family said it was concerned that the move to drop the conspiracy to commit murder charge was likely to deny them justice should Obado not be found guilty of murder.
The family’s lawyer, Prof George Wajackoya told the DPP that they were concerned the move was likely to weaken the case and create a loophole for the Governor and his alleged accomplices to escape justice.
Fida executive director Teresa Omondi also raised concern over the DPP’s failure to include the charges of conspiracy to murder, conspiracy to commit a felony and accessory after the act of murder.
Deputy Director of Public Prosecutions Jacob Ondari, however, sought to reassure the Otienos that justice would be delivered regardless of the technical legal strategy.
Ondari added that the DPP dropped the conspiracy to commit charge since it could not be tried on the High Court which has exclusive jurisdiction on murder cases.
“The offence of murder is complete and that is what we are trying at the High Court. The High Court cannot try both charges. It was dropped since it could be tried in a lower court at a later time,” Ondari stated.
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