NAIROBI, Kenya – A clash between the Office of the Director of Public Prosecutions (ODPP) and the Ethics and Anti-Corruption Commission (EACC) unfolded in court on Friday during the hearing of an application seeking to withdraw corruption charges against former Migori governor Okoth Obado and his co-accused.
EACC told the court it had not signed the plea agreement filed in the matter, questioning why the deal was recorded without its approval.
The commission argued that although its officials attended several negotiation meetings — the last one on August 28 — it was never given a draft agreement to review or seek instructions on.
“The practice has been that once negotiations are concluded, a draft plea agreement is shared between EACC and the DPP. We requested for the draft, but the same was not availed to us. We have therefore not had an opportunity to go through it or seek instructions,” EACC’s representatives said.
The ODPP, however, maintained that EACC was fully aware of the plea bargain, insisting its officials attended all sessions from April to August 2025.
“We did not refuse to hand over any agreement. Parties were attending these meetings and they were aware that that was the day to sign the agreement,” the court was told.
Defence lawyer Kioko Kilikumi, representing Obado, backed the ODPP’s position, arguing that EACC is not a mandatory party to such agreements.
“The DPP alone has the constitutional mandate to withdraw charges. EACC cannot control the ODPP. They were merely invited into the process out of courtesy, and it is not a must that they sign the agreement,” Kilikumi said.
According to the defence, the negotiations were always premised on withdrawing the criminal case alongside a parallel settlement of civil matters in court.
“This same EACC entered into negotiations with the accused persons, and the starting point was that the criminal case would be withdrawn and the accused persons would make a settlement in the civil courts,” Kilikumi added.
The court will now determine whether the withdrawal application stands despite EACC’s objections. The hearing continues.
A statement from the ODPP confirmed that assets worth Ksh.235 million — including vehicles and houses — have already been recovered from Obado through the plea bargain in the corruption case involving the alleged misappropriation of Ksh.73.4 million.
