Ethics and Anti-Corruption Commission (EACC) has maintained its stance over plans to withdraw criminal charges against former Migori Governor Okoth Obado and 10 others.
Appearing before Principal Magistrate Charles Ondieki on September 30, the anti-graft body acknowledged receiving a plea agreement, but its lawyers told the court that they had instructions to oppose the same.
The magistrate, however, urged the parties— EACC, office of the Director of Public Prosecutions and the accused persons— to continue with the negotiations and agree on the underlying issues.
The matter will be mentioned on October 24 to confirm the progress of the negotiations and further directions.
Mr Obado and his children- Dan Achola Okoth, Susan Scarlet Akoth, Jerry Zachary and Evelyne Adhiambo have been charged with conspiracy to commit economic crime and money laundering.
Others charged are Jared Peter Odoyo, Christine Akinyi Ochola, Joram Opala, Patroba Ochanda, Penina Auma, and Carolyne Anyango and their companies.
On September 5, the DPP and Mr Obado’s lawyers indicated that the parties had been holding talks with a view to withdrawing the case.
However, EACC rejected the deal and stated that the matter should proceed to full trial.
The court then directed DPP to serve the EACC with the plea agreement for signing before it is filed in court.
According to the DPP, the parties held meetings on four occasions to explore an alternative dispute resolution.
The court heard that the plea agreement was necessitated by a deal entered into by the EACC and Mr Obado in June last year, forfeiting eight properties and two vehicles, as a condition for dropping two civil cases against the former governor and other accused persons and their companies.
Mr Obado’s lawyer Kioko Kilukumi, Mr Obado said the former Migori governor had forfeited properties worth Sh235.6 million to the State. He said the assets were three times the amount the EACC was seeking from him.
The properties forfeited included two motor vehicles, a house in Loresho, a commercial block in Suna East, Migori, a two five-storey residential blocks with 40 units, also in Migori, two apartments in Greenspan, Nairobi, a massionette in Greenspan and a residential property in Kamagambo, Migori.
But the anti-graft body said the civil matter, in which Mr Obado forfeited the assets to the government, had no bearing in the case before court and if the accused persons intended to use the consent forfeiting the assets, they can adduce it as evidence during the trial.
