DPP withdraws Ksh 73.5M corruption case against Okoth Obado
DPP withdraws Ksh 73.5M corruption case against Okoth Obado
A Nairobi anti-corruption court has allowed the Director of Public Prosecutions (DPP) to withdraw the Ksh73.5 million graft case against former Migori Governor Okoth Obado, his four children, and several associates.
In a ruling delivered on Friday, May 15, by Senior Principal Magistrate Celesa Okore, the court found that the DPP did not in any way abuse his power in settling the matter out of court.
The court also ordered the release of all passports and the refund of cash bail that had been deposited by the accused persons during the trial.
The case, which revolved around allegations of corruption and embezzlement of public funds during Obado’s tenure as Migori Governor, was withdrawn after the recovery of Ksh235 million said to have been paid back to the government.
The developments come following a 2025 agreement between Obado and the DPP, where the former county boss forfeited assets worth Ksh235 million after entering into a plea bargain agreement.
According to the court, the forfeited assets were more than three times the value of the Ksh73.5 million allegedly linked to the charges before the criminal court.
Magistrate Okore observed that the settlement agreement in High Court Asset Recovery Cases No. 32 of 2018 and No. 10 of 2022 had already fulfilled the purpose prosecutors intended to achieve through the criminal case.
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The agreement followed a formal request by Obado to resolve the matter through an Alternative Dispute Resolution (ADR) mechanism in a case where he and 17 others were accused of misappropriating Ksh73.4 million.
As part of the arrangement, Obado agreed to forfeit assets equivalent to three times the amount in question.
The former county governor surrendered eight parcels of land and two Toyota Land Cruiser vehicles, which brought the estimated value to the tune of Ksh235.6 million.
The case exposed a sharp disagreement between the Office of the Director of Public Prosecutions (ODPP) and the Ethics and Anti-Corruption Commission (EACC), with the anti-graft agency arguing that civil recovery proceedings and criminal prosecutions should be handled separately. However, the court dismissed that argument.
Magistrate Okore ruled that the decision to withdraw the case under a legally recognised plea bargain framework could not be termed unconstitutional or against public interest merely because it attracted public criticism or was viewed as unpopular.
Initially, the EACC had sought to recover over Ksh1.9 billion from Obado and more than 20 other individuals accused of siphoning funds from the Migori County government through fictitious procurement contracts.
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