NAIROBI, Kenya – Former Migori County Governor Zachary Okoth Obado and 17 other co-accused individuals have reached a plea deal with the Director of Public Prosecutions (DPP) in a corruption case concerning the purported misuse of Ksh. 73.4 million.
As stipulated by the Constitution, pertinent laws, and the prosecutorial procedures of the Office of the Director of Public Prosecution (ODPP), the agreement comes after the accused formally requested that the case be settled through an Alternative Dispute Resolution (ADR) process.
In 2021, the defendants were initially charged with 25 counts, which included money laundering, conflict of interest, unlawful acquisition of public property, and conspiracy to commit an economic crime.
Between 2013 and 2017, transactions connected to the purported misappropriation of public monies from the County Government of Migori were the basis for the charges.
Following written requests, the DPP instructed the prosecution team to speak with defence attorneys and the Ethics and Anti-Corruption Commission (EACC). The decision to resolve the issue through a plea deal was reached after three sessions.
Assets forfeited
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 – Sh40 million
•Sunrise Centre Commercial Block, Suna East – Sh88 million
•Two five-storey residential blocks with 40 units, Suna East – Sh57.6 million
•Two apartments in Greenspan, Nairobi, worth Sh18 million
•A mansionette house in Greenspan, Nairobi, worth Sh14.5 million
•Residential Property, Kamagambo – Sh10 million
•Two single-storey residential blocks with eight one-bedroom units, Suna East – Sh7.7 million
Legal framework
The plea bargain was formally presented before the 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.
ODPP argues that the agreement underscores its commitment to accountability, recovery of public assets, and the promotion of justice through constitutionally recognised mechanisms, including diversion and ADR, where suitable.
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.
According to the DPP, the court will review and determine the final terms of the plea agreement.
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