The Director of Public Prosecutions (DPP) entered into a plea bargain agreement with former Migori County Governor Zachary Okoth Obado and 17 co-accused persons in a corruption case involving the alleged misappropriation of Sh73.4 million.
The agreement follows a formal request by the accused to resolve the matter through an Alternative Dispute Resolution (ADR) mechanism, as provided for under the Constitution, relevant statutes, and the Office of the Director of Public Prosecution (ODPP) prosecutorial policies.
The accused were first charged in 2021 with 25 counts, including Conspiracy to Commit an Economic Crime, Conflict of Interest, Money Laundering, and Unlawful Acquisition of Public Property. The charges stemmed from transactions linked to the alleged embezzlement of public funds from the County Government of Migori between 2013 and 2017.
After receiving written requests, the DPP directed the prosecution team to engage the Ethics and Anti-Corruption Commission (EACC) and defence lawyers in consultations. Three meetings were held, leading to a consensus to settle the matter through a plea bargain.
As part of the agreement, the accused agreed to forfeit assets equivalent to three times the amount in question. They surrendered eight parcels of land and two Toyota Land Cruiser vehicles, with a combined estimated value of SH235.6 million.
The properties handed over to the State include Loresho Ridge House valued at Sh40 million, Sunrise Centre Commercial Block, Suna East valued at Sh88 million and two five-storey residential blocks with 40 units, Suna East at Sh57.6 million
The others are two apartments in Greenspan, Nairobi worth valued at Sh18 million, a massionette house in Greenspan, Nairobi worth valued at Sh14.5 million a residential property in Kamagambo valued at Sh10 million and two single-storey residential blocks with eight one-bedroom units, Suna East valued at Sh7.7 million.
The plea bargain was formally presented before court in accordance with Section 137A–O of the Criminal Procedure Code and the Criminal Procedure (Plea Bargaining) Rules, 2018. Under Section 137C, plea agreements may be initiated either by the prosecution or the accused.
The agreement underscores ODPP’s commitment to accountability, recovery of public assets, and the promotion of justice through constitutionally recognized mechanisms, including diversion and ADR, where suitable, DPP Mulele Ingonga said.
Those charged alongside Obado in 2021 are Dan Achola Okoth, Scarlet Susan Okoth, Jerry Zachary Okoth, Everlyne Adhiambo Zachary, Jared Peter Odoyo, Christine Akinyi Ochola, Joram Otieno, Ochanda Patroba, Penina Auma, Carolyne Anyango, and several companies: Misfort Limited, Tarchdog Printers Limited, Kajulu Business Limited, Victorious Investments Limited, Deltrack ICT Services Limited, Swyfcon Engineering Limited, and Dolphus Softwares Limited.
The court will review and determine the final terms of the plea agreement.
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