The Milimani Anti-Corruption Court has approved a plea bargain agreement involving former Migori Governor Okoth Obado, his four children, and 13 other accused persons in a graft case linked to the loss of public funds.
In a statement on Friday, May 15, the Office of the Director of Public Prosecutions (ODPP) said under the agreement, the accused persons will surrender assets and properties worth about Ksh235.6 million, more than three times the Ksh73.4 million alleged to have been stolen from the Migori County Government.
The court ruling means all charges against the accused persons will be withdrawn after the adoption of the plea deal as a judgment of the court.
Senior Principal Magistrate Charles Ondieki said the agreement had satisfied all legal and constitutional requirements and did not amount to an abuse of court process.
"Wherefore, this court adopted the Plea Agreement as a judgment of this court. It follows that all the charges are deemed withdrawn against all accused persons under Section 137A (1)(b) of the Criminal Procedure Code," ruled the court.
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The court also dismissed objections raised by the Ethics and Anti-Corruption Commission (EACC), saying the anti-graft agency had actively participated in the negotiations that led to the settlement.
In its ruling, the court faulted EACC for opposing the agreement after being part of the process.
"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 ruled.
The magistrate further noted that EACC had not presented sufficient evidence to prove there was any illegality or procedural misconduct during the negotiations.
The accused persons were first arraigned in 2021 and faced 25 charges, including conspiracy to commit an economic crime, conflict of interest, money laundering, and unlawful acquisition of public property.
Prosecutors alleged that county funds were embezzled between 2013 and 2017.
As part of the settlement, the accused agreed to hand over several high-value properties and assets to the State.
These include the Loresho Ridge House valued at Ksh40 million, the Sunrise Centre Commercial Block in Suna East worth Ksh88 million, two five-storey residential buildings valued at Ksh57.6 million, apartments and residential properties in Nairobi and Migori, as well as two Toyota Land Cruiser vehicles.
The plea agreement followed a request by the accused persons to resolve the matter through Alternative Dispute Resolution (ADR) mechanisms provided for under the Constitution, statutory laws, and ODPP prosecutorial guidelines.
The ODPP argued that the agreement would help recover public assets, avoid lengthy court proceedings, and still ensure accountability for the loss of public resources.
The decision is being viewed as a major boost for the ODPP’s growing use of Alternative Dispute Resolution in corruption-related cases, particularly in matters involving restitution and asset recovery.
