EACC Accuses DPP of Misleading Court in Bid to Drop Graft Charges Against Ex-Migori Governor Okoth Obado
Fresh tensions have erupted between the Ethics and Anti-Corruption Commission (EACC) and Director of Public Prosecutions (DPP) Renson Ingonga after the anti-graft agency urged the court to reject a plea bargaining deal that would lead to the withdrawal of corruption charges against former Migori governor Okoth Obado.
Appearing before the Anti-Corruption Court on Monday, EACC claimed the DPP had mishandled the plea bargain negotiations and accused his office of attempting to mislead the court by presenting a deal that, in reality, amounts to a withdrawal of the charges.
EACC: We Were Chased Out of Meeting, Not Given Final Agreement
EACC lawyers told the court they were expelled from the final meeting in which the agreement was prepared and were never furnished with the final copy of the deal between the DPP, Obado, his children, and other co-accused.
The commission argued that the agreement—presented as a plea bargain—is actually an attempt to drop the charges without following legal procedures.
According to EACC, the deal does not include any forfeiture requirements or prosecution commitments, making it unacceptable under Kenya’s plea bargaining framework.
Anti-Graft Body Claims Agreement Misleads Court
EACC stated that a review of the document shows no meaningful consideration of the core issues in the case and accused the DPP of presenting misleading facts to the trial magistrate.
The commission also said the agreement violates legal standards, arguing that it does not conform to the mandatory form and content of plea agreements under the law.
EACC Cites Major Money Laundering Charge
EACC urged the court to examine the pending counts, including Count 12, which accuses the former governor and his co-accused of laundering Sh256,730,688 through a complex transfer scheme.
The commission noted that the plea deal wrongly attempts to tie criminal charges to a separate civil recovery settlement, insisting the two processes cannot be merged.
“It cannot be said that the settlement in the recovery suit covers the criminal proceedings,” the commission told the court.
Commission Says It Was Denied Access to Draft Agreement
EACC further claimed that even after requesting an opportunity to review the agreement, they were told they would not be allowed to see it.
According to the commission, the DPP’s office indicated that Obado’s matter was “unique” and that normal procedures for out-of-court settlements would not apply.
“We were informed that EACC could not be given the plea agreement entered between the DPP and the accused persons,” EACC told the court.
Background of the Case
Obado was charged in 2020, alongside his four children and several business associates, with misappropriating Sh73.4 million from the Migori County Government through fraudulent procurement and payments.
The case has dragged on for years, with the former governor frequently seeking ways to avoid attending court sessions.
What Happens Next
The Anti-Corruption Court will determine whether:
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the plea bargaining agreement is lawful,
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EACC’s objections stand, and
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the charges against Obado and his co-accused can be lawfully withdrawn.
A ruling date is expected to be set in the coming days.