Obado, co-accused surrender cars, houses worth Ksh.235M in deal to end Ksh.73M corruption case

Obado, together with 17 co-accused persons, was facing charges over the alleged misappropriation of Ksh. 73.4 million from the County Government of Migori between 2013 and 2017. 

They 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.

According to the ODPP, the plea deal followed a formal request by the accused to resolve the matter through Alternative Dispute Resolution (ADR), as allowed under the Constitution, the Criminal Procedure Code, and the ODPP’s prosecutorial policies. 

"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," said the DPP in a statement on Friday.

Under the agreement, the DPP says Obado and his co-accused agreed to surrender assets worth three times the contested amount, including eight parcels of land and two Toyota Land Cruiser vehicles. 

The forfeited properties include: Loresho Ridge House worth KSh.40 million, Sunrise Centre Commercial Block in Suna East (KSh 88 million), two five-storey residential blocks with 40 units, in Suna East (KSh.. 57.6 million), two apartments in Greenspan, Nairobi (KSh.18 million), a maisonette in Greenspan, Nairobi (KSh.14.5 million), a residential property in Kamagambo (KSh.10 million) and two single-storey residential blocks with eight one-bedroom units in Suna East worth KSh.7.7 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 DPP added.

Those charged alongside Obado included family members, associates, and several companies such as Misfort Limited, Tarchdog Printers Limited, Kajulu Business Limited, Victorious Investments Limited, Deltrack ICT Services Limited, Swyfcon Engineering Limited, and Dolphus Softwares Limited.

The court is expected to review and determine the final terms of the plea bargain.

A clash between the Office of the Director of Public Prosecutions (ODPP) and the Ethics and Anti-Corruption Commission (EACC) played out in court today morning during the hearing of an application seeking to withdraw corruption charges against Obado and others.

EACC told the court it had not signed the plea agreement filed in the matter, raising questions over why the deal was recorded without its approval. 

The commission argued that although it attended various meetings on the negotiations—the last one held on 28th August—it was never furnished with a draft agreement to review or seek instructions on.