Former Migori Governor Okoth Obado was at Raila Odinga's residence in Karen, Nairobi, and not at the scene of the murder of Rongo University student Sharon Otieno in Homa Bay as was initially believed.
Investigating officer Nicholas Ole Sena on Wednesday told trial judge Cecilia Githua that media reports that indicated Obado was at the murder scene were untrue.
The witness, who was testifying in the murder trial, said Obado was in Karen, Nairobi, meeting Raila's wife Ida Odinga from 5pm to 9pm.
His evidence corroborated data records obtained from Safaricom and produced in court that showed Obado was in Nairobi throughout September 2-5, 2018.
Sharon was abducted and murdered on the night of September 3, 2018.
Police officer Quinto Etyang, who gave his testimony on May 13 last year, had produced safaricom records showing Obado at 1827hrs was captured in Nairobi.
“I confirm that throughout the night of second going to third September 2018, the subscriber (Obado) spent his night in Nairobi,” he said.
The situation was the same till September 5.
Obado is among three suspects on trial for the murder of Sharon and her unborn baby. Others are his personal assistant Michael Oyamo and former clerk Caspal Obiero.
Results of a DNA test conducted on the foetus conclusively showed that Obado was the father of Sharon’s unborn child.
In his testimony on Wednesday, Ole Sena said they have no evidence that Obado was involved, had knowledge or consent of Sharon's abduction.
There was also no evidence that Obado was involved in the abduction of the journalist in the company of Sharon on the night she was murdered.
"The investigation was that the deceased was abducted then killed. We don't have any knowledge or evidence that he (Obado) participated in the killing of the deceased," the witness said.
Asked by Obado's lawyers, Senior Counsel Kioko Kilukumi and Rogers Sagana, why they decided to charge the former governor with the murder, Ole Sena said "he is implicated as he impregnated the deceased."
Ole Sena, however, explained that it was no crime to impregnate a consenting woman of age.
Asked by Sagana whether Obado readily agreed that he was in a relationship with the deceased, Ole Sena said "Yes".
During investigations, detectives established that Obado had taken responsibility for the pregnancy and that he was building a house for Sharon.
"She wanted a house costing Sh20 million and an upkeep of Sh5 million but the governor proposed a cheaper house at Lang'ata, Makadara," Ole Sena said.
He is witness number 42 and the last to testify before the prosecution closes its case. He told the court that the relationship between Sharon and Obado was an open secret. They were able to establish this during the initial stages of the probe.
Sharon's mother knew about it. Several county officials were also aware as the deceased used to go to the county headquarters. He mentioned that they took a statement from Obado's wife, Hellen, who informed them she was aware of the extra-marital affair and pregnancy.
Ole Sena confirmed to the court that from Hellen's statement, Obado had told her he ended the relationship with Sharon and that he would assume his responsibility and take care of the child.
A statement was also taken from Dan Acholla, Obado's son to whom Sharon had sent a picture flaunting her baby bump.
Ole Sena, however, denied claims that the investigation and prosecution is made up of planted and coached witnesses. He also denied concealing evidence and claims of the case being politically instigated.
The issue of coached witnesses first arose on April 8 last year when a taxi driver, who allegedly ferried the late Sharon to Kodera forest, was put to task by the defence to explain the inconsistencies in his testimony.
In his admission, Jackson Gombe confessed to doubting the veracity of his own evidence before court.
On that day, Gombe told the court that if he were the trial judge, he would not believe his own testimony regarding what transpired on the night of September 3, 2018. He was prosecution witness number 38.
Gombe was once a suspect in the murder of Sharon. He was later released and put under witness protection.
The hearing proceeds today.
