Obado’s Non-Custodial Plea: What Does the Law Say?

Former Migori Governor Okoth Obado’s sentencing has drawn attention to the role of mitigation and the circumstances courts consider when determining an appropriate sentence after a conviction.

Obado appeared at the Milimani Law Courts on September 15, 2026, where Sharon Otieno’s mother pleaded with the court to consider a non-custodial sentence so he could continue supporting Sharon’s three children.

But what does the law provide for at the sentencing stage, and what factors can a court consider when determining the appropriate punishment?

To explain the legal process, Hivileo spoke to lawyer and governance expert Javas Bigambo, who broke down the role of mitigation, the meaning of custodial and non-custodial sentences, and the factors a court may consider before sentencing.

What Is Mitigation Before Sentencing?

Bigambo explained that mitigation takes place after a court has made a finding of guilt and gives the convicted person an opportunity to present circumstances that may be considered before sentencing.

“The judgment was that, based on the corroboration of evidence presented by the prosecution, the accused persons were found culpable and therefore convicted by the court. However, before sentencing is done, the court gives the accused persons an opportunity to present mitigation,” Bigambo said.

He said mitigation may include factors such as remorse and other circumstances that the convicted person or their lawyer wants the court to consider when determining the appropriate sentence.

However, mitigation does not change the finding of guilt.

“The mitigation is only about the extent of the punishment,” he said.

Bigambo added that the circumstances and manner in which the offence was committed may also form part of the matters considered at sentencing.

“Remember that all these persons were accused of complicity in the murder of Sharon. It was not just an ordinary murder; it was a gruesome murder. The court will therefore have to consider the nature and manner in which the murder was carried out,” he said.

Also Read: Why Obado Will Have to Wait Until November for His Sentence

What About Sharon’s Family Plea?

Bigambo also addressed the plea by Sharon’s parents, who asked the court to consider a non-custodial sentence for Obado while expressing anger towards his co-accused.

He said the court would consider the plea alongside the circumstances of the offence and the evidence that resulted in the convictions.

“So, when Sharon’s parents plead with the court to give Obado a non-custodial sentence while also expressing their anger towards his co-accused, the court will have to consider the circumstances under which the offence was committed and the evidence that was proved by the prosecution,” he said.

The lawyer noted that the family’s views can form part of the matters placed before the court, but the final sentencing decision remains with the court.

Can Convicted Persons Receive Different Sentences?

Bigambo explained that people convicted in the same case do not necessarily have to receive identical sentences.

He said the court may consider the respective roles played by each convicted person, including whether an individual aided or abetted the offence or played a different role in its execution.

“Aiding and abetting” may therefore attract different sentencing considerations from direct participation, depending on the findings of the court and the applicable law.

He added that the court may consider the circumstances and roles of the individual convicted persons when determining their respective sentences.

What Is a Non-Custodial Sentence?

A non-custodial sentence allows a convicted person to remain in the community instead of being confined in prison, subject to conditions imposed by the court.

According to Bigambo, such conditions may include community service, reporting requirements or other obligations prescribed by the court.

“A non-custodial sentence is different. You may be found guilty and sentenced, but the court may decide, based on the circumstances, that you do not have to go to prison,” he said.

A custodial sentence, on the other hand, requires a convicted person to serve the sentence in prison for the period determined by the court.

“They are taken to prison and remain there for the period of the sentence. If the sentence is 30 years, they serve that sentence in prison. If it is life imprisonment, they remain in prison for the duration provided by law,” Bigambo said.

What Does the Court Consider Before Sentencing?

Bigambo said the court may consider several factors when determining the appropriate sentence.

These include the circumstances of the offence, the mitigation presented by the convicted persons and their respective roles in the offence.

Also Read: ‘Do Not Crucify Obado’: Sharon’s Mother Pleads With Court Ahead of Sentencing

He also noted that where there are different counts, the court may consider whether sentences should run concurrently, where applicable.

The lawyer said the sentencing options available to the court depend on the applicable law and the circumstances established during the proceedings.

He noted that the court may also consider the circumstances presented in mitigation before determining the appropriate punishment.

What Happens Next?

Following the conviction, the next stage is sentencing, where the court will consider the relevant submissions and sentencing factors before making its determination.

Bigambo said mitigation gives convicted persons an opportunity to present circumstances they want the court to consider, while the court remains responsible for making the final decision within the applicable legal framework.

The sentencing process will therefore determine the punishment to be imposed after the court considers the relevant factors and submissions before it.

Follow our WhatsApp channel for Instant News Updates

Lawyer and Governance Expert Javas Bigambo. PHOTO/File