The Ethics and Anti-Corruption Commission(EACC) now seeks to seize and auction assets owned by Migori Governor Okoth Obado in a bid to recover Sh73.5 million the county government lost.
In August last year, Obado and his four children were charged in court over fraud allegations and were released on a bail of Sh45 million.
In a petition certified as urgent at the High Court, EACC says the assets aforesaid are proceeds of crime.
“The assets aforesaid are proceeds of crime within the meaning of Section 47 Anti-Corruption and Economic Crimes Act (ACECA, 2003); Section 11(1)(j) EACC Act, 2011; and Section 2, Proceeds of Crime and Anti-Money Laundering Act, 2009 (POCAMLA) and are therefore liable for forfeiture to the Government,” it says.
The assets include cars, a house set to be auctioned for up to Ksh.74.3 million.
EACC wants Obado, his four children Evelyne Adhiambo Zachary, Dan Achola Okoth, Scarlet Susan Okoth and Jerry Zachary Okoth and 16 other proxies and companies enjoined in a suit seeking to recover the sum total of Ksh.73.5 million which it says was stolen by the accused through fictitious or irregular contracts.
Through their advocate, Culent Simiyu Lunyolo, EACC said it is just and fit to prohibit the defendants, their agents, servants and/or any other persons from alienating, wasting, transferring, disposing or in any other way dealing with the properties.
Lunyolo also sought the High Court’s nod to attach the governor’s multimillion shilling house, Loresho Ridge and luxury cars Land Cruiser V8 registration number KCK 997W and KCK 722B.
EACC indicates that from the Ksh.73.5 million, a sum of Ksh. 38.9 million was used to pay university tuition fees and upkeep for Obado’s three children, while a portion of it went to the purchase of two luxurious V8 Land Cruisers.
The two vehicles were registered under Dan Achola Okoth and Oliver Odhiambo identified as the 3rd and 20th defendants.
Jared Peter Odoyo Kwaga is said to be the director who controlled 16 companies and secured procurement contracts with the intention of channelling the proceeds to the governor.
According to EACC, financial investigations of the bank statements of accounts operated by all the 16 companies revealed a money laundering scheme with the intent to disguise the source of the said money.
“The transactions showed huge cash withdrawals and several wire transfers from the respective bank accounts to the sixth defendant for onward transmission to the first defendant indirectly through his children and for purchase of properties,” the commission says.
The commission now wants bank accounts used by the accused to be frozen so that it can begin recovery of the proceeds.
“The defendants can use their authority, agents, servants of employees to sell, lease, charge or transfer the illegally acquired properties in order to defeat the cause of justice,” argued EACC.
Obado is also accused by the commission of abusing his power as governor, by procuring dubious contracts with the county government.
“The contracts were fictitious or procured irregularly or in circumstances of conflict of interest. These proceeds have been traced to the governor from the County Government of Migori,” said EACC.
Obado also faces a murder case following the brutal murder of Sharon Otieno in 2018.