The Milimani Anti-Corruption Court has upheld a plea bargain agreement negotiated by the Director of Public Prosecutions (DPP) in a major corruption case involving former Migori Governor Okoth Obado, his four children, and 13 other accused persons.
Under the agreement, the former governor has committed to forfeiting assets valued at approximately three times the amount alleged to have been stolen from public coffers.
In its ruling, the court adopted the plea agreement after finding that it met the constitutional and legal threshold, underscoring the role of alternative dispute resolution mechanisms in the criminal justice system.
The court dismissed objections raised by the Ethics and Anti-Corruption Commission (EACC), noting that the agency had participated in the negotiations leading to the settlement.
“Having embraced the negotiation leading to the Plea Agreement and having participated fully, it seems to me that EACC’s main point of departure is driven more by the terms of the Plea Agreement than legality thereof,” the court stated.
The court further found that the EACC had not presented sufficient evidence to demonstrate any illegality or procedural impropriety in the process.
The accused persons, who were initially charged with theft of Ksh73.4 million from the Migori County Government, agreed to surrender assets worth about Ksh235.6 million, alongside two motor vehicles.
Senior Principal Magistrate C.N. Ondieki ruled that the agreement met the legality test and did not amount to an abuse of the court process.
“Wherefore, this court adopts the Plea Agreement as a judgment of this court. It follows that all the charges are deemed withdrawn against all accused persons,” the ruling stated.
The agreement followed a formal request by the accused persons to resolve the matter under an Alternative Dispute Resolution framework provided for in law and prosecutorial guidelines.
The Office of the Director of Public Prosecutions (ODPP) argued that the settlement would ensure recovery of public assets while avoiding lengthy litigation.
The accused were initially arraigned in 2021 facing 25 counts, including conspiracy to commit an economic crime, conflict of interest, money laundering, and unlawful acquisition of public property linked to alleged embezzlement between 2013 and 2017.
As part of the settlement, the group surrendered several high-value properties, including the Loresho Ridge House valued at Ksh40 million, Sunrise Centre Commercial Block in Migori worth Ksh88 million, residential blocks, apartments in Nairobi and Migori, and two Toyota Land Cruiser vehicles.
