Court faults ODPP for excluding EACC in Obado’s plea bargain suit
It has now emerged that the Office of the Director of Public Prosecutions (ODPP) unilaterally opted for an Alternative Dispute Resolution (ADR) mechanism in the graft case against former Migori Governor Okoth Obado’s together with seventeen of his co-accusedothers without consulting the Ethics and Anti-Corruption Commission (EACC), The Informer Media Group can authoritatively reveal.
Documents filed in court indicate that the court could not confirm ADR after it found out that the anti-graft commission had not signed the agreement for the case to be solved through ADR.
“For now, this court finds it imprudent to delve into other issues beyond this specific issue. It follows that except for the said specific issues raised by EACC, the other rival questions of the law have not ripened,” Principal Magistrate Charles Ondieki stated.
The magistrate gave the ODPP three days to share the Plea Agreement filed in Court with the EACC to deal with it in the manner it deems fit.
“This Court stays determination of the other rival questions of law raised and directs that within a period of 3 days, the DPP formally shares the Plea Agreement filed in Court with the EACC to deal with it in the manner EACC deems fit, but in any event within a period of 21 days,” he directed.
According to Ondieki, it is imperative, though not obligatory, for the DPP to share the Draft Plea Agreement with EACC, is practice that has received approval by this Court in the past as the gold standard practice, fundamentally because of the spirit of negotiations and the fact that the product thereof emanates from negotiations in which EACC is usually a participant.
“It thus remains the best practice, and I find no ground to fault it. EACC, having indisputably participated in the negotiations, it will be prudent to share the Draft Plea Agreement,” he stated.
Speaking to The Informer, a source who sought anonymity at EACC revealed that the authority is against the use of ADR to withdraw the case.
According to the source, it would be better if Obado and the other accused person face the law if the case continues and they are convicted.
“We were not consulted on the same, and that is why the magistrate directed the agreement be served to us. The case should have continued to the end for those involved in corruption to get lessons,” he stated.
This comes as earlier today, the DPP had shared that former Migori Governor Okoth Obado and his co-accused in graft charges have surrendered property worth Sh235 million in the case involving the alleged misappropriation of Sh73.4 million.
The DPP stated that Obado and the 17 entered a plea bargain through an Alternative Dispute Resolution (ADR) mechanism, as provided for under the Constitution, relevant statutes, and the Office of the Director of Public Prosecution (ODPP) prosecutorial policies.
As part of the agreement, the accused agreed to forfeit assets equivalent to three times the amount in question.
They surrendered eight parcels of land and two Toyota Land Cruiser vehicles, with a combined estimated value of KSh 235.6 million.
”The properties handed over to the State include: the Loresho Ridge House Sh40 million, Sunrise Centre Commercial Block, Suna East Sh88 million, Two five-storey residential blocks with 40 units, Suna East – Sh57.6 million, Two apartments in Greenspan, Nairobi, worth Sh18 million, a mansionette house in Greenspan, Nairobi, worth Sh14.5 million, Residential Property, Kamagambo Sh10 million and Two single-storey residential blocks with eight one-bedroom units, Suna East Sh7.7 million,” the DPP has revealed in a statement.
The plea bargain was formally presented before the 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.
After receiving written requests, the DPP directed the prosecution team to engage the Ethics and Anti-Corruption Commission (EACC) and defence lawyers in consultations.
The accused 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.
The charges stemmed from transactions linked to the alleged embezzlement of public funds from the County Government of Migori between 2013 and 2017.
Those charged alongside Obado in 2021 are Dan Achola Okoth, Scarlet Susan Okoth, Jerry Zachary Okoth, Everlyne Adhiambo Zachary, Jared Peter Odoyo, Christine Akinyi Ochola, Joram Otieno, Ochanda Patroba, Penina Auma, Carolyne Anyango, and several companies: Misfort Limited, Tarchdog Printers Limited, Kajulu Business Limited, Victorious Investments Limited, Deltrack ICT Services Limited, Swyfcon Engineering Limited, and Dolphus Softwares Limited.
