Court allows DPP to withdraw Sh73.5m Obado case after Sh235m repayment

Former Migori Governor Okoth Obado and his four children at Milimani Law Courts during a ruling on their Sh515 million graft case following an out-of-court settlement with the DPP. [Nancy Gitonga, Standard]

Former Migori Governor Okoth Obado, his four children and several associates have walked free after the Milimani Anti-Corruption Court allowed the Director of Public Prosecution's bid to withdraw the Sh73.5 million graft case against them following an out-of-court settlement.

In a detailed ruling delivered on Friday, Magistrate Celesa Okore ruled that the DPP did not abuse his powers in brokering the deal, and adopted the plea bargain agreement as a judgment of the court. 

“The court is satisfied that the plea agreement has met the substantive legal test and has a sound legal basis upon which it can be adopted,” ruled Okore.

"This court adopted the pre-agreement as a judgment of this court. It follows that all the charges are being withdrawn against all the accused persons."

The magistrate noted that none of the charges facing the accused persons fell under offences excluded from plea bargaining under Section 137 of the Criminal Procedure Code, such as genocide, war crimes, crimes against humanity, or offences under the Sexual Offences Act.

Central to the court’s decision was the Sh235 million civil forfeiture settlement reached between the accused persons and the Ethics and Anti-Corruption Commission (EACC), alongside the surrender of two motor vehicles.

The court found that the agreement constituted a valid and lawful resolution mechanism.

“The civil forfeiture achieved the same objective that would have been realized through criminal forfeiture,” the magistrate observed, adding that the settlement was a key factor in determining the pathway taken by the prosecution.

More to follow