Former Migori Governor Okoth Obado and 17 of his co-accused have entered into a plea bargain agreement with the Director of Public Prosecutions (DPP) Renson Ingonga in a corruption case involving alleged misappropriation of Ksh 73.4 million.
In a statement on Friday, September 5, the Office of the Director of Public Prosecutions (ODPP) said the agreement was reached following a formal request by the accused to resolve the matter through an Alternative Dispute Resolution (ADR) mechanism.
“The Director of Public Prosecutions (DPP) has entered into a plea bargain agreement with former Migori County Governor Zachary Okoth Obado and 17 co-accused persons in a corruption case involving the alleged misappropriation of Ksh. 73.4 million,” read part of the statement.
DPP Ingonga directed the prosecution team to engage the Ethics and Anti-Corruption Commission (EACC) and defence lawyers in consultations after he received the written requests from the accused.
Three meetings were held, culminating in a consensus to settle the matter through a plea bargain.
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As part of the agreement, the accused agreed to forfeit assets equivalent to three times the amount in question.
“They surrendered eight parcels of land and two Toyota Land Cruiser vehicles, with a combined estimated value of Ksh235.6 million,” ODPP stated.
The properties handed over to the state include: a Loresho Ridge house valued at Ksh40 million, Sunrise Centre commercial block in Suna East worth Ksh88 million, 2 five-storey residential blocks with 40 units in Suna East valued at Ksh57.6 million, and 2 apartments in Greenspan, Nairobi, worth Ksh18 million.
Obado also handed over a massionette house in Greenspan, Nairobi, worth Ksh14.5 million, a residential Property, Kamagambo, worth Ksh10 million, and a single-storey residential block with eight one-bedroom units in Suna East valued at Ksh7.7 million
Following the agreement, the ODPP presented the plea bargain before the court in line with Section 137A–O of the Criminal Procedure Code and the Criminal Procedure (Plea Bargaining) Rules, 2018.
The court is now set to review and determine the final terms of the plea agreement.
This comes days after Ingonga announced plans to withdraw corruption charges against the former Migori Governor.
Speaking to the court on Monday, September 1, the DPP stated that his office had entered into a plea agreement with Obado and his co-accused.
The former governor's legal troubles began in August 2020 when authorities arrested him alongside his co-accused.
They were first charged in 2021 with 25 counts, among them Conspiracy to Commit an Economic Crime, Conflict of Interest, Money Laundering, and Unlawful Acquisition of Public Property.
The charges stemmed from transactions linked to the alleged embezzlement of public funds from the County Government of Migori between 2013 and 2017.
Specific allegations centered on the misappropriation of approximately Ksh73 million in county funds through fictitious contracts.
Obado’s co-accused include: Dan Achola Okoth, Scarlet Susan Okoth, Jerry Zachary Okoth, and Evelyne Adhiambo Zachary.
Others are Jared Peter Odoyo, Christine Akinyi, Joram Opala, Ochanda Patroba, Penina Auma, and Carolyne Anyango.
The seven companies involved in the case are Misoft Limited, Tarchdog Printers Limited, Kajulu Business Limited, Victorious Investments Limited, Deltrack ICT Services Ltd., Swyfcon Engineering Limited, and Dolphus Software Limited.
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