The Office of the Director of Public Prosecutions (ODPP) has responded to allegations made by Nairobi Senator Edwin Sifuna regarding a supposed plea-bargain agreement in the corruption case against former Migori County Governor Zachary Okoth Obado.
In a press statement issued by the ODPP on July 3, Senator Sifuna had expressed shock, claiming that a plea-bargain had been reached between the ODPP and Obado.
Sifuna said the governor, accused of embezzling billions of shillings, agreed to return 300 million shillings in exchange for the withdrawal of charges.
“His shock upon learning that a plea bargain had been entered between the ODPP and the Governor who had stolen billions of shillings who then agreed to return 300 million shillings and the case was subsequently withdrawn,” Sifuna said.
ODPP on Allegations on Obado Case
In response to the claims, the ODPP issued several clarifications regarding the ongoing case (Case No. ACC.E018 of 2020).
ODPP stated that the Ethics and Anti-Corruption Commission (EACC) initiated investigations into allegations of public fund misappropriation by Obado through his proxies.
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After reviewing the inquiry file and evidence, the Director of Public Prosecutions (DPP) determined that there was sufficient evidence to charge the suspects, leading to formal charges on August 27, 2020, against Obado and 15 others in the Anti-Corruption Court in Milimani.
However, the ODPP acknowledged reports of a plea-bargain agreement but clarified that only the Asset Recovery Civil cases filed by EACC were withdrawn.
“The Criminal Case (No. ACC.E018 OF 2020) involving the accused persons being prosecuted by the ODPP has NOT been withdrawn and is scheduled for further hearing on 8th and 9th of July 2024, before Milimani Anti-Corruption Court No.2,” ODPP Statement read.
This clarification comes amid heightened public and political interest in the handling of high-profile corruption cases in Kenya.
Obado’s Case
Obado and his accomplices were accused of conspiring to steal Ksh73 million from the County.
Obado is also facing eight other separate charges relating to conflict of interest. He is accused of being a behind suspicious contracts that paid money into his children’s accounts.
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On March 30, 2021, former Migori Governor Okoth Obado was released on a Ksh8.7 million cash bail or Ksh20 million bond, barred from accessing the Migori County office and had his passwords confiscated.
However, on June 19, 2024, the court granted approval for the Ethics and Anti-Corruption Commission (EACC) to withdraw a Ksh1.9 billion asset recovery case against former Migori Governor Okoth Obado, his children, companies, and a businessman, following an out-of-court agreement.
The court was told that Obado and EACC settled the matter out of court with a Ksh.235 million agreement.
The High Court had earlier allowed the commission to seize assets worth Ksh.235 million believed to have been fraudulently acquired through proceeds of corruption, which included his residential houses and three high-end cars.
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