Court gives DPP 14 days to involve EACC in Obado graft case deal

The Anti-Corruption Court has given Director of Public Prosecutions (DPP) Renson Ingonga 14 days to involve the Ethics and Anti-Corruption Commission (EACC) in the out-of-court negotiations over the Sh505 million graft case against former Migori Governor Okoth Obado.

Milimani Magistrate Charles Ondieki on Friday directed the DPP to convene a joint meeting with the EACC and the defence team to iron out underlying issues raised by the Commission, which has opposed the plea bargain agreement filed in court seeking to withdraw the case.

“By consent of the parties, this court grants 14 more days to allow the EACC to participate in the negotiations. The matter will be mentioned on November 7, 2025.  for an update on the out-of-court settlement negotiations,” Magistrate Ondieki ruled 

The directive came after it emerged that the DPP had not yet held a meeting involving the EACC  to any negotiations, despite earlier court directions issued on September 30, 2025, for the parties to engage further on the proposed plea bargain.

On September 5, the DPP and Obado's and co-accused lawyers indicated that the parties had been holding talks with a view to withdrawing the case. 

On September 30, the  EACC vehemently opposed the plea deal to terminate the multi-million graft case filed in court only signed by DPP, Obado, his children and co-accused persons without its involvement and stated the matter should proceed to full trial. 

According, the DPP the parties held meetings on four occasions to explore an alternative dispute resolution. 

The court heard that the plea agreement was necessited by a deal entered into by the EACC and Obado, his children and associates before a sh 1.9 billion and Sh 75 million forfeiture suit in the High Court in June last year. 

The deal allowed the forfeiting of eight properties in Nairobi and Migori counties and two vehicles as a condition for dropping civil suits against the former governor, his four children, other accused persons and their companies. 

The court heard that Obado had forfeited properties worth Sh 235.6 million to the government. 

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 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.

Magistrate Ondieki, however urged the parties- EACC, DPP and the accused persons to convene a fresh meeting in a bid to continue with the negotiation and agree on the underlying issues.

But whether matter came for mention  yesterday to update the court of the negotiations, EACC lawyer Mary Ng’ang’a expressed surprise that the Commission had not been invited to any talks since the last court session.

“I am surprised to be the one giving an update this morning. Since we last appeared in court, we have not been invited to any negotiations, nor are we aware of any meeting held by the DPP as directed by the court,” Ms. Ng’ang’a told the court.

However, DPP lawyers blamed EACC for failure to convene the meeting on grounds the commission is the one aggrieved by the deal. 

Further, the prosecution said that the plea bargain agreement had already been filed in court and formed part of the record.

“We filed a plea bargain agreement signed by the DPP and the accused persons. Our understanding was that the EACC, which raised objections, was to initiate a meeting to address its concerns. We have patiently waited for the EACC to convene the meeting to no avail,” the prosecutor said.

The court heard that the EACC has not signed the contested proposed plea deal between the DPP and the former governor, his children, and co-accused persons. 

Obado’s lawyer, Ms. Mwanzia, urged the Commission to disclose its specific objections to the plea bargain to enable the parties to convene a productive meeting.

“Indeed, the parties to these negotiations are threefold, the EACC, the DPP, and the defence. We are in the dark and do not understand what issues are being raised by the EACC. We can only convene a meeting once those concerns are revealed,” Ms. Mwanzia stated.

The magistrate rejected a joint request by the DPP and the defence to compel the EACC to file its objections formally in court, ruling that the details of out of court settlement are not disclosed during negotiations. 

The magistrate also noted that he was shocked by the turn of events that the DPP did not convene a meeting for further negotiation inviting the EACC as earlier directed

Ondieki noted that the obligation to convene the meeting lies with the DPP as per the law and that obligation never shifted to EACC unless the law is amended

“I have considered the issues raised taking into account the statutory and constitutional powers of the parties. The DPP is the convener of the meeting. The DPP should be the convener, ” Magistrate Ondieki ruled.

"The DPP retains the legal duty to convene as he bears the statutory constitution powers and lead the talks.That obligation never shifted to the EACC unless the law is amended,” he said.

Obado and his co-accused are said to have approached the DPP in a bid to review the evidence and settlement the matter out of court. 

The move came after only one witness, the investigating officer in the case has testified and is yet to conclude his lengthy evidence since 2018 when Obado was charged

In the case 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.

The case will be mentioned on November 7, 2025, for an update on the progress of the negotiations or whether the case will be withdrawn or proceed to full trial.