The Ethics and Anti-Corruption Commission (EACC) and the Office of the Director of Public Prosecutions (ODPP) clashed over an application to withdraw corruption charges against former Migori Governor Okoth Obado and 17 co-accused persons.
In a statement issued on Friday, September 5, DPP said it has entered into a plea bargain agreement with Okoth Obado and others in a corruption case on the alleged misappropriation of Ksh73.4 million.
According to DPP, the agreement follows a formal request by the accused to resolve the matter through an Alternative Dispute Resolution (ADR) mechanism, as provided under the Constitution, relevant statutes, and ODPP prosecutorial policies.
EACC, DPP Clash Over Signing of Plea Agreement
However, the anti-graft commission told the court on Friday, September 5, that it had not signed the plea agreement filed in the case, raising questions about why the deal was recorded without its approval.
The EACC further argued that, although it attended several meetings on the negotiations, the last of which was held on August 28, it was never provided with a draft agreement to review or seek instructions on.
“The practice has been that once negotiations are concluded; a draft plea agreement is shared between EACC and the DPP. We requested for the draft, but the same was not availed to us,” EACC’s representatives said.
“We have therefore not had an opportunity to go through it or seek instructions.”
The prosecution, however, maintained that the commission was fully aware of the plea bargain, noting that its officials had attended all negotiation meetings from April to August 2025.
“After receiving written requests, the DPP directed the prosecution team to engage the EACC and defence lawyers in consultations. Three meetings were held, leading to a consensus to settle the matter through a plea bargain,” DPP said.
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DPP’s Argument
The ODPP insisted that after the EACC indicated it lacked instructions to proceed, the prosecution went ahead and signed the plea deal with the accused.
“We did not refuse to hand over any agreement, parties were attending these meetings, and they were aware that that was the day to sign the agreement,” the court was told.
Defence lawyer Kioko Kilikumi, representing Obado, supported the DPP’s stance, emphasizing that the EACC is not a required party in plea bargain agreements.
He added that the negotiations had always been based on the withdrawal of the criminal case alongside a parallel settlement of related civil matters in court.
“The DPP alone has the constitutional authority to withdraw charges. The EACC does not have control over the ODPP. They were only involved as a courtesy and are not required to sign the agreement,” Kilikumi said.
“This same EACC participated in the negotiations with the accused, and it was understood from the start that the criminal case would be withdrawn while the accused would resolve matters in civil court.”
He further argued that the EACC should not be signing plea bargains and suggested that in future, the Commission should be excluded from the process.
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Assets Worth Ksh 235 Million Recovered
As part of the agreement, DPP said the accused agreed to forfeit assets valued at three times the amount in question.
Theb accused reportedly surrendered eight parcels of land and two Toyota Land Cruiser vehicles, with a combined estimated value of Ksh235.6 million.
The properties handed over to the State include:
- Loresho Ridge House – Ksh40 million
- Sunrise Centre Commercial Block, Suna East – Ksh88 million
- Two five-storey residential blocks with 40 units, Suna East – Ksh57.6 million
- Two apartments in Greenspan, Nairobi – Ksh18 million
- A maisonette in Greenspan, Nairobi – Ksh14.5 million
- Residential property in Kamagambo – Ksh10 million
- Two single-storey residential blocks with eight one-bedroom units, Suna East – Ksh7.7 million
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