Ethics and Anti-Corruption Commission (EACC) vehemently opposed a plea bargain agreement aimed at withdrawing corruption charges against former Migori Governor Zachary Okoth Obado and his co-accused. The dispute pits the EACC against the Office of the Director of Public Prosecutions (ODPP), indicating deep divisions over the handling of a high-profile graft case that has attracted public attention.
The centre of the conflict revolves around a proposed plea bargain that would see Obado and his associates forfeit assets worth Sh235.6 million in exchange for the withdrawal of criminal charges. The assets include prime real estate in Nairobi and Migori, such as a Sh40 million house in Loresho, an Sh88 million commercial block in Suna East, and residential blocks valued at Sh57.6 million, along with two Toyota Land Cruiser vehicles.
The ODPP states that this agreement, reached after three meetings with the EACC and defense counsel, is a transparent and consultative process, reflecting a commitment to restorative justice and asset recovery. Prosecutors emphasized that the accused had already surrendered these properties without any compensation clause, making the agreement binding.
However, EACC strongly objects to the plea bargain, alleging that it was not properly consulted and never received a draft agreement for review or approval. EACC counsel Gichagi told Principal Magistrate Charles Ondieki at the Milimani Law Courts that the commission had not signed the agreement, rendering it irregular.
Gichagi argued that the law mandates the involvement of all relevant agencies, especially in corruption cases involving public assets. He further stated that any withdrawal of charges must strictly adhere to the Criminal Procedure Code, either through a formal application under Section 87 or a properly executed plea bargain under Section 137, signed by all parties. “If the DPP wants to withdraw under Section 87, let them make a formal application. If it is under Section 137, the plea agreement must strictly follow the law,” Gichagi asserted.
The defense team, led by Kioko Kilikumi representing Obado, countered the EACC’s objections, arguing that the anti-graft body was overstepping its mandate and attempting to usurp the constitutional powers of the ODPP. Kilikumi maintained that the ODPP alone possesses the constitutional authority to withdraw charges, and the EACC’s involvement in plea negotiations was merely a courtesy, not a mandatory requirement for the agreement’s validity.
“The EACC is attempting to usurp the powers given to the Office of the DPP. Article 157 is clear, only the accused, the DPP, or the court can terminate proceedings,” the lawyers submitted. The defense also highlighted that the plea bargain was entered into voluntarily and in accordance with the Constitution.
Obado, along with his relatives, associates, and companies, was initially charged in 2021 with misappropriating Sh73.4 million from Migori County through a network of proxy companies between 2013 and 2017. The case has drawn significant public interest due to the high-profile nature of the accused and the substantial amount of public funds involved.
The Milimani Anti-Corruption Court has granted the parties a final opportunity to conclude negotiations, with the case scheduled for mention on September 30, 2025, at 8:15 a.m.
The court is expected to provide further directions, clarifying whether the contested plea bargain will stand or if fresh applications will be required.
