NAIROBI, – A Nairobi court has ruled that Michael Oyamo, the former aide to former Migori Governor Okoth Obado, must take the witness stand before calling any witnesses in his defence in the Sharon Otieno murder trial.
Trial Judge Cecelia Githua delivered the decision on Monday, dismissing Oyamo’s request to have his witnesses testify ahead of him. The ruling reinforces a legal requirement that an accused person must first give their own account if they choose to present a defence.
“I agree with the prosecution that it is a matter of law that the accused must begin with his own evidence,” said Justice Githua. “He must lay the foundation for his case, and if he chooses, he may call his witnesses afterward.”
Oyamo is one of the key suspects in the 2018 murder of university student Sharon Otieno, a case that sparked national outrage and drew intense media scrutiny. Otieno, who was pregnant at the time of her death, was abducted and killed after allegedly being lured into a trap.
Defence Argument Dismissed
Through his lawyer, Oyamo had argued for a reversal of the normal trial procedure, asking to bring his witnesses forward first. He claimed this would strengthen his defence strategy. But the judge firmly rejected the application, citing established legal norms.
Legal experts say the decision is consistent with criminal trial standards in Kenya. “The burden is on the accused to establish their version of events,” said a Nairobi-based defence attorney who asked not to be named. “The court expects clarity from the person accused before allowing others to support that narrative.”
Key Evidence Submitted
During the session, the court also handed over fresh evidence to the defence. Oyamo received call data records from Safaricom, Kenya’s largest telecom provider, which he said would form a central part of his defence.
“These records are crucial,” he told the court, indicating his intention to use the data to challenge elements of the prosecution’s case.
The data could potentially shed light on communications around the time of Sharon Otieno’s disappearance and murder. The prosecution has previously used phone records to tie suspects to the scene of the crime and track their movements.
High-Profile Trial Continues
Oyamo, along with former governor Okoth Obado and another accused, is standing trial for Otieno’s murder. The court previously ruled that he had a case to answer, meaning the evidence presented by the prosecution was strong enough to require a formal defence.
The case has taken years to move through the courts, delayed by procedural motions, witness availability, and the COVID-19 pandemic. But with Oyamo now set to take the stand, the trial appears to be entering a decisive phase.
Sharon Otieno’s family has long called for justice, and her death remains one of Kenya’s most high-profile criminal cases in recent years. The next hearing is expected to focus on Oyamo’s testimony, which could help shape the final outcome of the trial.
