The Office of the Director of Public Prosecutions (ODPP) intends to withdraw corruption charges against former Migori governor Okoth Obado after securing the forfeiture of assets valued at KSh 235 million.
- •The ODPP said the recovery followed a plea bargain with Obado and 17 co-accused persons over allegations they misappropriated KSh 73.4 million between 2013 and 2017.
- •The deal involved the surrender of eight parcels of land and two Toyota Land Cruiser vehicles, including a commercial block in Suna East worth KSh 88 million, the Loresho Ridge House valued at KSh 40 million, and multiple rental properties across Migori and Nairobi.
- •The ODPP has applied to formally withdraw the criminal charges, citing the settlement and the constitutional framework that allows alternative dispute resolution in corruption cases.
“The plea bargain was formally presented before court in accordance with Section 137A–O of the Criminal Procedure Code and the Criminal Procedure (Plea Bargaining) Rules, 2018. Under Section 137C, plea agreements may be initiated either by the prosecution or the accused,” the ODPP said.
The EACC has told the court it has not signed or reviewed the plea bargain before it was filed, despite attending negotiation meetings. The anti-graft commission argued that the omission undermined the dispute resolution framework the agencies had agreed to use.
In June this year, both the EACC and the ODPP had pegged recoveries at KSh 428 million. However, prosecutors have countered that they are the only office with the constitutional authority to conclude plea agreements and withdraw charges.
Obado, who left office in 2022, had been charged in 2021 alongside his children and associates with conspiracy to commit economic crimes, money laundering, and conflict of interest in relation to KSh 505 million in county funds.
Some of his associates include Dan Achola Okoth, Scarlet Susan Okoth, Jerry Zachary Okoth, Everlyne Adhiambo Zachary, Jared Peter Odoyo, Christine Akinyi Ochola, Joram Otieno, Ochanda Patroba, Penina Auma, and Carolyne Anyango.
Several companies implicated in the graft case include Misfort Limited, Tarchdog Printers Limited, Kajulu Business Limited, Victorious Investments Limited, Deltrack ICT Services Limited, Swyfcon Engineering Limited, and Dolphus Softwares Limited.
The plea deal marks a shift toward negotiated recoveries rather than protracted trials, reflecting a broader prosecutorial strategy of asset recovery over lengthy litigation. The High Court will determine whether to endorse the agreement and terminate proceedings.