Can Compensation Save Obado From Jail? Details of What You Need to Know Before His Awaited Sentencing

Former Migori Governor Okoth Obado is set to learn his fate when the court delivers his sentence in the murder of university student Sharon Otieno.

As the September 16, 2026 sentencing date approaches, attention has turned to whether compensation to Sharon’s family could help Obado avoid a prison term.

Lawyer Danstan Omari said Kenyan law allows a criminal court to order a convicted person to compensate a victim or the victim’s family where the circumstances of the case establish civil liability.

The issue arose during the preparation of a pre-sentence probation report. According to Omari, Sharon’s family has sought compensation for several items, including a house allegedly promised to her, a vehicle, continued support for her children and expenses incurred while pursuing the case over the past eight years.

However, compensation does not automatically cancel a criminal punishment.

Section 175 of the Criminal Procedure Code allows courts to order compensation where a convicted person has civil liability arising from the offence. The Victim Protection Act also recognises victims’ rights to compensation and restitution.

At the same time, Section 25 of the Victim Protection Act makes it clear that compensation and restitution are separate from a criminal sentence. A court can therefore order compensation and still send an offender to prison.

Compensation could nevertheless form part of the factors considered during sentencing. A judge may consider whether an offender has shown remorse, accepted responsibility or taken steps to repair the harm caused.

In Obado’s case, the court will also have to determine whether the claims presented by Sharon’s family are directly connected to the offence and whether they can legally be assessed as compensation.

Claims involving the house and continued support for Sharon’s children could require further consideration because of the legal questions surrounding them.

The court has directed both the prosecution and defence to file their sentencing and mitigation submissions before the hearing.

Obado was convicted in connection with Sharon’s murder after the case, which dates back to 2018, went through years of proceedings.