Senators raise alarm over withdrawal of 18 county graft cases without EACC input

Ethics and Anti-Corruption Commission CEO Abdi Ahmed Mohamud. (Photo: Kenya Editors’ Guild)

By Lucy Mumbi
Wednesday, September 10, 2025

EACC revealed that since 2013, the ODPP has dropped 18 graft cases touching on devolved units, among them three from Isiolo and one each from Makueni, Tharaka, Turkana, Nakuru and Nyeri.

The Office of the Director of Public Prosecutions (ODPP) has come under scrutiny from senators for withdrawing corruption cases linked to county governments without involving the Ethics and Anti-Corruption Commission (EACC).

Appearing on Wednesday before the Senate County Public Accounts Committee to provide updates on corruption investigations from counties, EACC revealed that since 2013, the ODPP has dropped 18 graft cases touching on devolved units, among them three from Isiolo and one each from Makueni, Tharaka, Turkana, Nakuru and Nyeri.

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Nyamira Senator Erick Okong’o described the trend as problematic, warning that it undermines the war against graft.

“If we sweep these things under the carpet, we will not be assisting the country. When you tell us you are not consulted, there seems to be a disconnect between EACC and the DPP,” Okong’o said.

He further noted that Parliament could consider amending the Constitution to give EACC more powers if necessary.

“We can amend the constitution if we have to. We cannot be treating the war against corruption this casually,” he added.

The matter has been highlighted by the ODPP’s latest move to withdraw corruption charges against former Migori Governor Okoth Obado, his four children, and several associates facing allegations of misappropriating Sh505 million.

In addition, the ODPP has sought to terminate civil asset recovery proceedings initiated by EACC against Obado and his co-accused, citing an out-of-court settlement.

EACC had initially pursued the recovery of more than Sh1.9 billion allegedly embezzled from Migori County through fictitious procurement contracts. However, under the settlement, Obado and his associates agreed to surrender properties worth Sh428 million.

The forfeited properties include: a Loresho Ridge house valued at Sh40 million, Sunrise Centre Commercial Block in Suna East (Sh88 million), two five-storey residential blocks with 40 units in Suna East (Sh57.6 million), two apartments in Greenspan, Nairobi (Sh18 million), a maisonette in Greenspan (Sh14.5 million), a residential property in Kamagambo (Sh10 million), and two single-storey residential blocks with eight one-bedroom units in Suna East worth Sh7.7 million.

“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,” the DPP said.

Those charged alongside Obado included family members, associates and several companies such as Misfort Limited, Tarchdog Printers Limited, Kajulu Business Limited, Victorious Investments Limited, Deltrack ICT Services Limited, Swyfcon Engineering Limited, and Dolphus Softwares Limited. The court is expected to determine the final terms of the plea bargain.

However, the deal sparked friction between the ODPP and the EACC. During a court hearing last Friday, the commission said it had not signed the plea agreement filed in the matter, questioning why the arrangement was recorded without its approval.

EACC told the court that although its representatives attended several meetings on the negotiations, the last held on August 28, it was never given a draft agreement to review or instructions to approve.