The Milimani Anti-Corruption Court has upheld a Plea Bargain agreement negotiated by the Director of Public Prosecutions (DPP) in a major corruption case involving former Migori Governor Okoth Obado, his four children, and 13 other accused persons.
In the deal, the ex-county boss has committed to forfeiting an equivalent of three times what he took from the public coffers.
In a landmark ruling that underscored the legality and effectiveness of alternative dispute resolution mechanisms in criminal justice, the court adopted the plea agreement after finding that it met all constitutional and legal threshold.
The court further dismissed objections raised by the Ethics and Anti-Corruption Commission (EACC), noting that the anti-graft agency had fully participated in the negotiations leading to the agreement.
“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 court also found that EACC had failed to provide substantive material demonstrating illegality or procedural impropriety in the negotiations.
The accused persons, who had initially been charged with the theft of Ksh. 73.4 million from the County Government of Migori, agreed to surrender assets worth approximately Ksh. 235.6 million, more than three times the amount under investigation, alongside two motor vehicles.
Senior Principal Magistrate C.N. Ondieki ruled that the Plea Agreement had successfully passed the substantive legality test and did not amount to an abuse of the legal 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 It follows that all the charges are deemed withdrawn against all accused persons under Section 137A (1)(b) of the Criminal Procedure Code,” ruled the court.
The decision marked a significant victory for the DPP, which has increasingly embraced Alternative Dispute Resolution mechanisms as part of broader efforts to enhance asset recovery, expedite justice, and safeguard public resources.
The Plea Agreement followed a formal request by the accused persons to resolve the matter through an Alternative Dispute Resolution (ADR) framework as provided under the Constitution, statutory provisions, and Office of the Director of Public Prosecutions (ODPP) prosecutorial guidelines.
The ODPP argued that the settlement not only secured substantial recovery of public assets but also served the broader public interest by avoiding protracted litigation while ensuring accountability.
The accused persons had first been arraigned in 2021 facing 25 counts, including conspiracy to commit an economic crime, conflict of interest, money laundering, and unlawful acquisition of public property. The charges arose from alleged embezzlement of county funds between 2013 and 2017.
As part of the settlement, the accused surrendered several high-value assets to the State, including the Loresho Ridge House valued at Ksh. 40 million, Sunrise Centre Commercial Block in Suna East worth Ksh. 88 million, two five-storey residential blocks valued at Ksh. 57.6 million, apartments and residential properties in Nairobi and Migori, as well as two Toyota Land Cruiser vehicles.
The court’s adoption of the agreement reinforces the DPP’s growing focus on innovative prosecution approaches that prioritize restitution, asset recovery, and efficient resolution of complex corruption cases.
