Court orders DPP to share plea bargain deal with EACC as Obado surrenders Sh235m assets in graft case

Former Migori Governor Zachary Okoth Obado (in red tie) in the dock. (Photo: Carolyne Kubwa)

By Carolyne Kubwa
Friday, September 5, 2025

The court also heard that the former governor and his co-accused formally wrote to the DPP seeking to resolve the matter through an alternative dispute resolution mechanism.

The Anti-Corruption Court has been told that former Migori Governor Zachary Okoth Obado has surrendered assets worth Sh235.6 million in a plea bargain deal with the Director of Public Prosecutions (DPP) in a corruption case.

Obado and 17 others are facing 25 counts, among them conspiracy to commit an economic crime, conflict of interest, money laundering, and unlawful acquisition of public property over the alleged misappropriation of Sh73.4 million from Migori County between 2013 and 2017.

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The court also heard that the former governor and his co-accused formally wrote to the DPP seeking to resolve the matter through an alternative dispute resolution mechanism.

Following the request, the prosecution, together with the Ethics and Anti-Corruption Commission (EACC), held three meetings with defence lawyers, resulting in a consensus to settle the matter.

Under the agreement, the accused forfeited eight parcels of land and two Toyota Land Cruiser vehicles, all valued at Sh235.6 million – three times the amount in question.

The assets include a Sh40 million house at Loresho Ridge, the Sunrise Centre commercial block in Suna East valued at Sh88 million, two five-storey residential blocks with 40 units worth Sh57.6 million, two Greenspan apartments worth Sh18 million, a maisonette in Greenspan worth Sh14.5 million, a residential property in Kamagambo valued at Sh10 million, and two residential blocks in Suna East worth Sh7.7 million.

The plea bargain was presented to the court under Section 137 of the Criminal Procedure Code and the Criminal Procedure (Plea Bargaining) Rules, 2018.

Earlier, there was a clash between the DPP and the EACC during the hearing of an application seeking to withdraw corruption charges against Obado and others.

EACC told the court it had not signed the plea agreement filed in the matter, raising questions over why the deal was recorded without its approval.

The commission argued that although it attended various meetings on the negotiations, the last one held on August 28, was never furnished with a draft agreement to review or seek instructions on.

"The practice has been that once negotiations are concluded, a draft plea agreement is shared between EACC and the DPP. We requested the draft, but the same was not made available to us. We have therefore not had an opportunity to go through it or seek instructions," EACC's representatives said, adding that the omission undermined the dispute resolution mechanism earlier agreed upon.

The prosecution, however, maintained that EACC was fully aware of the plea bargain, noting that its officials attended all negotiation meetings from April to August 2025.

The ODPP insisted that after EACC indicated it lacked instructions to proceed, the prosecution went ahead and signed the plea deal with the accused persons.

Also charged alongside Obado in 2021 were members of his family and associates – Dan Achola Okoth, Scarlet Susan Okoth, Jerry Zachary Okoth, Everlyne Adhiambo Zachary, Jared Peter Odoyo, Christine Akinyi Ochola, Joram Otieno, Ochanda Patroba, Penina Auma, Carolyne Anyango – as well as companies Misfort Limited, Tarchdog Printers Limited, Kajulu Business Limited, Victorious Investments Limited, Deltrack ICT Services Limited, Swyfcon Engineering Limited, and Dolphus Softwares Limited.

Trial magistrate Charles Ondieki directed the DPP to serve the EACC with a plea bargain agreement within three days.