Obado’s freedom in jeopardy as fresh complication emerges in graft case
By Zipporah Ngwatu, September 5, 2025The Ethics and Anti-Corruption Commission (EACC) has told the court that it did not sign the plea agreement on withdrawing the graft case against former Migori County governor Okoth Obado, his four children, and others.
Appearing before Milimani Anti-Corruption Principal Magistrate Charles Ondieki on Friday, September 5, 2025, EACC distanced itself from the Directorate of Public Prosecution (DPP) and defence lawyers’ sentiments that they had already reached an agreement.
EACC told the court that they have not seen the plea agreement that has been filed in court, even though it has a slot for EACC to sign.
Further, the Commission, through its lawyers, told the court that if EACC participation was not required in the process, then the slot for them to sign would not have been included in the plea agreement.
In addition, the commission stated that all they wanted was to be served with the plea agreement so that they could seek instructions from their principal on whether to sign it or not.
“Your honour, our issue is very simple: we are served with the plea agreement or the plea agreement is availed to us. We seek instructions; if we are told to sign, we sign, and we have no issues with that,” EACC lawyers submitted to court.
Does not meet requirements
The lawyers emphasised that the plea agreement fails to meet the requirements of section 137(A-O) without EACC’s participation.
EACC proceeded to tell the court that the practice of plea agreement is that once the parties have come up with the draft, the draft is shared with all the relevant parties. If there are amendments or if there is any editing, the same is done.
Once the necessary parties seek directions or instructions from their principals and all issues are agreed upon, the plea agreement is ready.
Meddling in DPP’s powers
However, lawyer Kioko Kilukumi, representing Obado, has accused the EACC of intermeddling with the powers of the DPP to withdraw the graft case against his client.
According to Kilukumi, his client, in a joint meeting with the ODPP and EACC, surrendered assets worth over Ksh230 million and two high-end motor vehicles to the State.
Magistrate Ondieki has now ordered the DPP to formally share 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.
The former Migori governor, Okoth Obado, his four children, and others are facing different charges in connection with misappropriating millions from Migori County between 2013 and 2017.