Court steps in after EACC and DPP fail to agree on Obado plea deal
According to submissions made in court, a meeting convened on October 30 at the DPP's office, as earlier ordered by the court, ended in disagreement after both sides clashed over how to interpret previous directions issued by the court.
Negotiations between the Ethics and Anti-Corruption Commission (EACC) and the Office of the Director of Public Prosecutions (DPP) over a plea bargain for former Migori Governor Okoth Obado have hit a dead end, forcing the Anti-Corruption Court to step in and determine the matter.
The court was told that the two agencies failed to reach common ground on the terms of the proposed plea agreement in the corruption case facing the former governor.
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According to submissions made in court, a meeting convened on October 30 at the DPP's office, as earlier ordered by the court, ended in disagreement after both sides clashed over how to interpret previous directions issued by the court.
An EACC representative informed the court that although efforts were made to reconcile their positions, the discussions failed to yield results.
"We met and attempted to iron out the contentious issues in good faith, but the talks collapsed due to differing legal interpretations," the official told the court.
The commission has now requested the court to scrutinise the proposed plea bargain and determine whether it meets the statutory requirements under the law.
Defence lawyers aligned themselves with EACC's position, confirming that while the October 30 meeting took place, the discussions were inconclusive.
"I confirm that the meeting was held as directed, but the parties could not agree. We therefore ask the court to give directions on the next course of action," one of the defence lawyers said.
Another counsel for the accused attributed the stalemate to conflicting views on the legal framework governing plea negotiations.
Following the submissions, the court directed that the matter be mentioned on December 8 for further directions and a possible ruling on how the plea bargain issue will proceed.
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