The Lower Eastern Times Opening The Third Eye
Related Articles
Former Migori Governor Okoth Obado has had his Sh73.5 million corruption case formally withdrawn after the court adopted a plea agreement, effectively bringing years of legal proceedings to an end.
In its ruling delivered on Friday, the court held that the plea deal met the required legal standards under the Criminal Procedure Code and the Constitution. It noted that the agreement satisfied the “triple test” of public interest, proper administration of justice, and avoidance of abuse of court process.
Click here to join our WhatsApp Channel
The court further stated that the agreement was grounded in lawful provisions, including Section 137A of the Criminal Procedure Code and Article 159(2)(c) of the Constitution, which encourages alternative dispute resolution mechanisms to expedite justice delivery.
A key issue in the case was whether withdrawal of charges could be a valid outcome under a plea agreement. Trial Magistrate Charles Ondieki ruled that the law allows for different outcomes, including withdrawal of charges, reduction of charges, or suspension of other charges, depending on the agreement reached.
The Ethics and Anti-Corruption Commission (EACC) had opposed the deal, arguing that a valid plea bargain must involve an admission of guilt and that the arrangement did not meet statutory requirements.
However, the court dismissed this argument, stating that plea agreements are not limited to conviction-based outcomes and that the law provides multiple lawful options.
“The factual basis of this plea agreement was largely uncontroverted by EACC. What was fervently contested by EACC was the legal basis of the withdrawal,” the magistrate noted.
The court also found that the objections raised by the EACC were not supported by sufficient evidence of procedural irregularities or abuse of authority during negotiations.
In its determination, the court considered earlier civil proceedings in which assets linked to the same allegations had already been forfeited to the State. These included properties valued at about Sh235 million and two motor vehicles.
The court observed that since civil asset recovery had already addressed part of the alleged proceeds of corruption, it had relevance to the criminal proceedings arising from the same facts.
Ultimately, the court ruled that the plea agreement was valid, constitutional, and in line with the interests of justice.
It concluded that there was no evidence of abuse of prosecutorial power and confirmed that the agreement met the constitutional threshold for approval.
“The agreement has surmounted the triple condition test of public interest, administration of justice, and avoidance of abuse of the legal process,” the magistrate ruled.
Following the ruling, the court formally adopted the plea agreement, resulting in the withdrawal of all charges against Obado and his co-accused.
