Sharon Otieno case: How victim impact statement could shape Obado’s sentence

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A victim impact statement (VIS) has come into sharp focus following the filing of a report by the Probation and Aftercare Service ahead of the sentencing of former Migori governor Okoth Obado and his former aides, Michael Oyamo and Caspal Obiero, for the murder of university student Sharon Otieno.

The report, which captured the views of Sharon's family, revealed that while they remain devastated by her death, they are open to reconciliation with Obado's family.

They also sought compensation and support for Sharon's children, highlighting the economic, psychological and social effects of her killing.

The disclosure has sparked debate about whether such a statement could influence the sentence that Justice Cecilia Githua will eventually impose.

What is a Victim Impact Statement?

A victim impact statement is a formal account presented to a court by a victim of crime or, where the victim is deceased, by close family members.

It explains how the offence has affected their lives emotionally, psychologically, physically, socially and financially.

In murder cases, the statement gives surviving relatives an opportunity to tell the court about the loss they have suffered and the continuing impact of the crime.

In Sharon's case, her family described the emotional trauma of losing their daughter, the burden of raising the children she left behind, the fear they continue to live with and the financial costs they incurred following her death.

What is the legal basis?

Victim impact statements are recognised under the Victim Protection Act and the Criminal Procedure Code.

The law allows a victim to make a statement to the court after conviction and before sentencing. The court may then consider the statement when determining an appropriate sentence.

Under the Victim Protection Act, a statement may include information on the impact of the offence on the victim's life; emotional and psychological suffering; economic losses arising from the crime; concerns about personal safety and security; and any other effects suffered as a result of the offence.

Where the victim is deceased, a family member may present the statement on behalf of the victim.

Why are Victim Impact Statements important?

Traditionally, criminal trials focus on proving whether an accused person committed an offence.

Once guilt has been established, however, the court must determine an appropriate punishment. A victim impact statement helps judges understand the human consequences of the crime beyond the evidence presented during trial.

The statement serves several purposes, including providing the court with a fuller picture of the harm caused by the offence, allowing victims and families to participate meaningfully in the justice process, ensuring their experiences are heard before sentencing, and assisting the court in assessing the gravity of the harm suffered when determining the appropriate sentence.

Further, victims may express fears about their safety or concerns about the offender's release, and the statement can assist the court in considering reconciliation, restitution and the broader interests of justice.

Is a Victim Impact Statement mandatory?

No. The law expressly states that giving a victim impact statement is voluntary.

A victim cannot be compelled to make one, and a court cannot infer that a crime caused little harm simply because no statement was filed.

Similarly, a court cannot receive or consider a statement if the victim objects to it being presented.

Can a Victim Impact Statement determine the sentence?

No. A victim impact statement is only one factor among many that a judge considers during sentencing.

The court must also weigh the circumstances of the offence, the offender's mitigation, any pre-sentence reports, the offender's criminal record, sentencing guidelines, and the interests of justice and public policy.

The final sentence remains a judicial decision based on all the material presented before the court.

The impact of the Muruatetu decision

Victim impact statements have become increasingly significant following the Supreme Court's landmark Muruatetu decision, which declared the mandatory death sentence for murder unconstitutional.

The ruling restored judicial discretion in sentencing, meaning judges now evaluate the unique circumstances of each case before deciding the appropriate punishment.

The Supreme Court noted that courts may consider pre-sentence reports and victim impact reports to assist in determining a suitable sentence and whether an offender is capable of reintegration into society.

As a result, sentencing hearings have become more detailed, with courts considering not only the offender's circumstances but also the consequences of the crime on victims and their families.

Can a Victim Impact Statement help the convicted person?

Although victim impact statements are primarily intended to show the harm caused by an offence, some aspects may indirectly assist an offender's mitigation.

For example, a statement may reveal forgiveness where victims express forgiveness or support reconciliation. A court may view this as evidence that the offender can be rehabilitated and reintegrated into society.

An offender's commitment to compensate victims or support dependants left behind may be raised as a mitigating factor, and efforts to rebuild relationships between families can sometimes be considered as part of the broader sentencing context.

However, such factors do not erase criminal responsibility and do not automatically result in a lighter sentence.

Can victims seek compensation through the process?

Yes. The Victim Protection Act grants victims the right to seek compensation or restitution from offenders for losses arising from a crime.

These may include economic losses, funeral expenses, medical or psychological treatment costs, property damage and costs associated with court proceedings.

A compensation order is separate from the sentence imposed on the offender and does not prevent victims from pursuing civil claims.

What happens next in the Obado case?

Before sentencing, Justice Githua will consider several factors, including the victim impact statement filed on behalf of Sharon's family, the pre-sentence reports prepared for Obado, Oyamo and Obiero, their mitigation pleas, and submissions by both the prosecution and defence.

The victim impact statement will not determine the sentence on its own. Rather, it will help the court understand the lasting consequences of Sharon's killing and ensure that the voices of those most affected are heard before punishment is imposed.

Reporting originally appeared via Nation Africa. Read the full source for additional context.