NAIROBI, Kenya – A Nairobi court has scheduled the contested plea bargain case involving former Migori Governor Okoth Obado for mention on September 30, 2025, at 8:15 a.m., amid a standoff between the Ethics and Anti-Corruption Commission (EACC) and the Office of the Director of Public Prosecutions (ODPP).
The ruling was delivered Friday by Principal Magistrate Charles Ondieki at the Milimani Law Courts, who directed that Obado, his co-accused, and their legal teams could attend the session either physically or virtually.
EACC challenges plea bargain
During the proceedings, EACC counsel Gichagi strongly objected to the plea bargain filed in court, arguing that the commission had neither been consulted nor received a draft agreement for review.
“The commission has not signed the agreement and was never given a draft to review, yet the prosecution and defence proceeded to file it,” he told the court.
He added that the plea bargain was irregular, since corruption-related cases require the involvement of all relevant agencies to protect public assets.
ODPP, defence dismiss objections
Prosecutors rejected the objection, insisting the plea bargaining process was transparent and consultative.
They said three meetings were held with EACC and the defence before the deal was reached, and revealed that assets worth Sh235.6 million had already been surrendered.
The forfeited assets include:
- Eight parcels of land in Nairobi and Migori
- Two Toyota Land Cruiser vehicles
- A Sh40 million house in Loresho
- A Sh88 million commercial block in Suna East
- Two residential blocks worth Sh57.6 million
Obado’s defence team accused the EACC of overstepping its mandate and trying to interfere with the ODPP’s constitutional authority under Article 157.
“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 defence argued, adding that the plea bargain was entered into voluntarily and in line with the Constitution.
Legal contest
Despite this, the EACC maintained the process was flawed, noting that under the Criminal Procedure Code, withdrawal of charges must follow either Section 87 (formal withdrawal by the DPP) or Section 137 (a properly executed plea bargain 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 said.
Obado, his relatives, and associates were first charged in 2021 with the alleged misappropriation of Sh73.4 million from Migori County through proxy companies.
The case has drawn wide public attention due to the sums involved and questions over Kenya’s growing reliance on plea bargaining in corruption cases.
The matter will return to court on September 30, when Magistrate Ondieki is expected to give further directions on whether the contested plea bargain will stand or require fresh applications.
