NAIROBI, Kenya — The Milimani Anti-Corruption Court has upheld a plea bargain agreement negotiated by the Office of the Director of Public Prosecutions (ODPP) in the high-profile graft case involving former Migori Governor Okoth Obado, his children, and 13 other accused persons.
In a landmark ruling, the court adopted the agreement after finding that it satisfied all constitutional and legal requirements governing plea bargaining and alternative dispute resolution in criminal proceedings.
The accused persons had initially faced charges linked to the alleged theft of Sh73.4 million from the County Government of Migori between 2013 and 2017.
The charges included conspiracy to commit an economic crime, conflict of interest, money laundering, and unlawful acquisition of public property.
Under the agreement, the former governor and co-accused committed to surrendering assets worth approximately Sh235.6 million, more than three times the amount under investigation, alongside two motor vehicles.
The settlement effectively paved the way for the withdrawal of all charges against the accused persons under Section 137A(1)(b) of the Criminal Procedure Code.
Senior Principal Magistrate C.N. Ondieki ruled that the plea agreement passed the substantive legality test 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 It follows that all the charges are deemed withdrawn against all accused persons,” the court ruled.
The court also dismissed objections raised by the Ethics and Anti-Corruption Commission, finding that the anti-graft agency had actively participated in the negotiations leading to the agreement.
According to the ruling, the commission failed to provide sufficient evidence demonstrating illegality or procedural impropriety in the plea bargain process.
Among the assets surrendered to the State are the Loresho Ridge House valued at Sh40 million, Sunrise Centre Commercial Block in Suna East worth Sh88 million, two five-storey residential blocks valued at Sh57.6 million, additional residential properties in Nairobi and Migori, and two Toyota Land Cruiser vehicles.
The ODPP described the agreement as part of a broader prosecutorial strategy aimed at enhancing asset recovery, expediting justice, and safeguarding public resources through alternative dispute resolution mechanisms.
The prosecution argued that the settlement served public interest by securing a substantial recovery of public assets while avoiding lengthy litigation that could delay restitution.
The decision marks one of the most significant corruption-related plea agreements in recent years and is expected to intensify debate over the use of negotiated settlements in economic crimes involving public officials.
While supporters argue that asset recovery delivers practical accountability and immediate restitution, critics have previously questioned whether plea bargains in corruption cases provide sufficient punitive consequences for abuse of public office.
The matter was prosecuted by Norah Otieno, Deputy Director of Public Prosecutions, alongside Principal Prosecution Counsel Jeremiah Walusala.
