Aasai

Former Migori County Governor Okoth Obado and his co-accused have lost possession of properties worth Ksh 235 million after entering into a plea bargain with the Office of the Director of Public Prosecutions (ODPP) in a Ksh 73.4 million corruption case. Obado, along with 17 co-accused, were facing charges for allegedly misappropriating Ksh. 73.4 million from the Migori County Government between 2013 and 2017.

 They were first charged in 2021 with 25 counts, including conspiracy to commit economic crimes, conflict of interest, money laundering, and unlawful acquisition of public property. Resolution (ADR), as permitted under the Constitution, the Criminal Procedure Act, and the ODPP’s prosecution policies. "Upon receipt of the written applications, the DPP directed the prosecution team to engage with the Ethics and Anti-Corruption Commission (EACC) and defence counsel in consultations. 

Three meetings were held, resulting in an agreement to resolve the matter through negotiations," the DPP said in a statement on Friday. Under the agreement, the DPP says Obado and his co-accused agreed to surrender assets worth three times the amount in dispute, including eight plots of land and two Toyota Land Cruisers. 

The properties looted include: Loresho Ridge House worth KSh.40 million, Sunrise Centre Commercial Block in Suna East (KSh.88 million), two five-storey buildings with 40 houses, Suna East (KSh.57.6 million), two apartments in Greenspan, Nairobi (KSh.18 million in Greenspan. a property in Kamagambo (KSh.10 million) and two eight-bedroom single-storey houses in Suna East worth KSh.7.7 million. “The agreements were formally filed in court in terms of Section 137A-O of the Code of Criminal Procedure and the Code of Criminal Procedure (Plea Bargaining) Rules, 2018.

 Under Section 137C, a plea bargain can be entered into by either the prosecution or the accused,” the DPP added, Obado and other family members. Misfort Limited, Tarchdog Printers Limited, Kajulu Business Limited, Victorious Investments Limited, Deltrack ICT Services Limited, Swyfcon Engineering Limited, and Dolphus Softwares Limited. The court is expected to review and determine the final terms of the plea agreement. 

The dispute between the Office of the Director of Public Prosecutions (ODPP) and the Ethics and Anti-Corruption Commission (EACC) erupted in court this morning during the hearing of an application to dismiss corruption charges against Obado and others.

 The EACC told the court that it had not signed the plea agreement filed in the case, raising questions as to why the programme was recorded without its consent.The commission said that although it attended various meetings on the negotiations—the last of which was held on August 28—it was not given a draft agreement to review or seek guidance.