The Milimani Anti-Corruption Court has approved a Plea Bargain arranged by the Director of Public Prosecutions (DPP) in a significant corruption case involving former Migori Governor Okoth Obado, his four children, and thirteen other defendants.
Under the agreement, the former county executive pledged to relinquish assets valued at three times the amount he allegedly misappropriated from public funds.
A landmark ruling emphasized the legitimacy and efficiency of alternative dispute resolution methods in the criminal justice system, with the court accepting the plea bargain after confirming it met all constitutional and legal requirements.
The court also rejected challenges from the Ethics and Anti-Corruption Commission (EACC), noting that the anti-corruption body had actively participated in the discussions that led to the agreement.
“Having engaged in the negotiations resulting in the Plea Agreement and having fully participated, it appears to me that EACC’s primary objection is motivated more by the terms of the Plea Agreement than its legality,” the court stated.
The court determined that EACC had not provided substantial evidence showing illegality or procedural irregularities in the negotiation process.
The defendants, initially accused of stealing Ksh. 73.4 million from the Migori County Government, consented to surrender assets valued at approximately Ksh. 235.6 million, exceeding three times the amount under investigation, along with two motor vehicles.
Senior Principal Magistrate C.N. Ondieki determined that the Plea Agreement had passed the substantive legality assessment and did not constitute an abuse of the legal process.
“Accordingly, this court accepts the Plea Agreement as a judgment of this court. Consequently, all charges are considered withdrawn against all defendants under Section 137A (1)(b) of the Criminal Procedure Code,” the court ruled.
The ruling represented a major success for the DPP, which has increasingly adopted Alternative Dispute Resolution techniques as part of wider initiatives to improve asset recovery, accelerate justice, and protect public resources.
The Plea Agreement followed an official request by the defendants to settle the matter through an Alternative Dispute Resolution (ADR) framework as outlined in the Constitution, statutory provisions, and Office of the Director of Public Prosecutions (ODPP) prosecution guidelines.
The ODPP contended that the settlement not only recovered significant public assets but also served the greater public interest by avoiding extended legal proceedings while maintaining accountability.
The defendants were first brought to court in 2021 facing 25 charges, including conspiracy to commit economic crimes, conflict of interest, money laundering, and unlawful acquisition of public property. The accusations stemmed from suspected embezzlement of county funds between 2013 and 2017.
As part of the settlement, the defendants handed over numerous valuable assets to the State, including a Loresho Ridge House valued at Ksh. 40 million, a Sunrise Centre Commercial Block in Suna East worth Ksh. 88 million, two five-story 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 acceptance of the agreement reinforces the DPP’s expanding emphasis on innovative prosecution strategies that prioritize compensation, asset recovery, and efficient resolution of complex corruption cases.