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Obado’s plea bargain deal terminates Sh73.5m graft case
Former Migori governor Okoth Obado at the Milimani Law Courts in Nairobi on May 15, 2026.
What you need to know:
- The ruling marks a significant endorsement of plea bargaining in corruption cases.
- The Ethics and Anti-Corruption Commission had opposed the withdrawal of charges.
A Nairobi anti-corruption court on Friday gave nod for the termination of Sh73.5 million graft charges against former Migori governor Okoth Obado, his four children and 12 others through a plea bargain agreement.
The case was terminated after the Office of the Director of Public Prosecutions (ODPP) entered into a plea bargain agreement with the accused persons, leading to the recovery of assets worth about Sh235.6 million and two high-end vehicles — more than three times the amount allegedly lost.
“The value of the properties and the two high-end vehicles is three times the amount (Sh73.5 million) which he, his children and 12 others had been accused of obtaining fraudulently,” the trial magistrate observed while approving the deal.
Former Migori governor Okoth Obado with his four children the Milimani Law Courts in Nairobi on May 15, 2026 before the court terminated the graft charges they were facing.
In its ruling, the Milimani Anti-Corruption Court on Friday said the agreement complied with Sections 137A–O of the Criminal Procedure Code, which allow negotiated settlements in criminal cases.
“Wherefore this court adopts the plea bargain agreement as a judgment of this court. It follows that all the charges are deemed withdrawn against all the 18 accused persons,” the magistrate ruled.
The court further noted that public interest had been met through the forfeiture of assets, saying that proceeding with the trial would amount to “a waste of public resources.”
The ruling marks a significant endorsement of plea bargaining in corruption cases, with the court describing it as a legally recognised process that helps expedite cases, recover public assets and reduce pressure on courts.
Under the final settlement, the accused surrendered commercial buildings, apartments, maisonettes, parcels of land and two Toyota Land Cruiser vehicles.
The Ethics and Anti-Corruption Commission (EACC) had opposed the withdrawal of charges, but the court dismissed the objections, noting that the agency had participated in the negotiations leading to the agreement.
Former Migori governor Okoth Obado speaks to journalists outside the Milimani Law Courts in Nairobi on May 15, 2026 after the court terminated graft charges against him, his four children and 12 others.
"Ultimately, this Court concludes that the Plea Agreement has surmounted the substantive legality test (which is that there’s a sound legal basis and/or justification for the Plea Agreement, upon which it can be adopted a Judgment of this Court and in particular, the agreement has surmounted the triple conditions test of public interest, interests of administration of justice and the need to avoid abuse of the legal process)," said the court.
Speaking after the ruling, Obado said he and his children had suffered for more than five years while fighting to clear their names.
“There must have been people who wanted to regionalise the fight against corruption by arresting me and my children to be seen to be fighting corruption,” said Obado, who had been charged alongside his children Dan Achola, Scarlet Susan, Jerry Zachary and Everlyne Adhiambo.
He questioned how he and his children, none of whom were signatories to county bank accounts, could have conspired “in my house” to defraud Migori County.
Obado also claimed the prosecution was selective, noting that some suspects had been charged in 2017 before he and his children were added to the case in 2020.
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