Besieged Migori Governor Okoth Obado has already been charged for having a hand in the murder of Sharon Otieno and her unborn child.

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Obado, denied the charges alongside his aides Michael Oyamo and Caspal Obiero.

A section of Kenyans especially the civil society have been calling for the resignation of the embattled county boss. 

But he remains in office. Why is it so? 

Despite being linked to the death of Sharon, the governor is still in office by virtue of a provision in our constitution and the Rome statute, of which Kenya is a signatory.

Chapter 4, Part 2 of the constitution which speaks of fair hearing states that every accused person has the right to a fair trial, which includes the right to be presumed innocent until the contrary is proved.

On the other hand, article 66 of the Rome Statute says that everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.

It states that the onus is on the prosecutor to prove the guilt of the accused and in order to convict the accused; the court must be convinced of the guilt of the suspect beyond reasonable doubt. 

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