EACC Asks Court to Reject DPP Renson Ingonga’s Plea Deal in Okoth Obado Graft Case

The long-running institutional rivalry between the Ethics and Anti-Corruption Commission (EACC) and the Office of the Director of Public Prosecutions has once again spilled into court, this time over a proposed plea agreement in the corruption case against former Migori Governor Okoth Obado.

In submissions before the Anti-Corruption Court, EACC urged the trial magistrate to reject in its entirety a plea deal advanced by Renson Ingonga, arguing that the DPP had arbitrarily exercised prosecutorial powers in seeking to withdraw the case.

EACC: Plea Deal Violates the Law

The anti-graft agency argued that the plea agreement fails to comply with Sections 137A–137O of the Criminal Procedure Code, which govern plea bargaining in Kenya.

EACC further submitted that the DPP’s attempt to withdraw the charges under Section 87(a) of the Criminal Procedure Code, purportedly through plea negotiations, amounts to an abuse of the court process.

“The attempt by the DPP to withdraw the criminal case under the guise of plea negotiations is unlawful and should be disallowed,” EACC told the court.

Court Urged to Intervene Under the Constitution

The commission invited the court to invoke Article 165(7) of the Constitution, which empowers courts to supervise public bodies and ensure they act within the law.

“Where a public body is apparently in breach of the law and established constitutional principles, this court has jurisdiction and powers to intervene,” EACC submitted.

The anti-graft body argued that while the DPP is constitutionally empowered under Article 157 to prosecute cases, those powers are not absolute and remain subject to judicial scrutiny.

Public Interest Test Not Met

EACC stressed that corruption and economic crimes are matters of overriding public interest, noting that such offences:

• Deprive citizens of essential services

• Undermine socio-economic rights

• Contribute to inequality and development stagnation

The commission argued that plea agreements in corruption cases must satisfy strict standards of legality, proportionality, accountability, and deterrence.

“Efficiency cannot override legality, accountability, and public confidence in the criminal justice system,” EACC stated.

Obado Charges Too Serious for Leniency

According to EACC, the plea agreement filed by the DPP grossly understates the gravity of the corruption charges facing Obado and his co-accused.

The agency warned that approving the deal would erode public confidence and send a dangerous signal that serious corruption cases can be resolved through undue leniency.

“Admitting such an agreement will undermine deterrence and public confidence in the justice system,” the court heard.

Call to Reject Plea Agreement

EACC concluded by urging the court, as the guardian of public interest, to find that the plea agreement inadequately serves Kenyan society and reject it in totality.

The matter now awaits the court’s determination.