The Anti-Corruption Court has directed the Director of Public Prosecution (DPP) Renson Ingonga to consult with the Ethics and Anti-Corruption Commission (EACC) within 14 days before proceeding with a plea to withdraw former Migori Governor Okoth Obado’s Ksh505 million graft case.
This order tightens the leash on the DPP’s recent move to drop the charges against Obado through a plea bargain deal, a decision that has stirred public concern over transparency and accountability in Kenya’s fight against corruption.
The court said the matter will be mentioned on November 7, 2025, after receiving a full consultation report from both the DPP and EACC. The ruling came a month after Ingonga, on September 1, announced his office’s intention to withdraw the charges, citing a completed plea agreement with Obado.
However, the EACC quickly distanced itself from the move, confirming that it had not signed any such deal, casting doubt on the legitimacy of the arrangement.
EACC Denies Knowledge of Plea Deal to Drop Obado Graft Case
The Ethics and Anti-Corruption Commission has maintained that the plea bargain had not gone through the formal channels of approval. According to the agency, the DPP acted prematurely by filing a withdrawal request without their consent.
This contradiction between two of the country’s top anti-graft institutions has exposed a rift in the handling of the Obado Graft Case, which has been in court for over four years.
Initially, both EACC and ODPP had jointly requested a one-month adjournment to conclude negotiations toward an out-of-court settlement. However, the DPP later filed to withdraw the case before final consensus was reached.
Legal analysts have questioned the move, saying it violates Section 25A of the Anti-Corruption and Economic Crimes Act, which requires collaboration between the two offices in any plea bargain involving corruption charges.
This case highlights persistent concerns about selective justice and political interference in Kenya’s war on corruption, especially when high-profile figures are involved.
Billions at Stake in the Migori Scandal
The controversy surrounding the Obado Graft Case dates back to 2020, when the former governor and over 20 individuals were accused of siphoning more than Ksh2 billion from the Migori County government.
Investigations revealed that 13 companies—linked to Obado, his close associates, and even his children—had received irregular payments from county coffers between 2013 and 2017.
EACC alleged that the funds were moved through a network of shell companies and personal accounts to conceal their origin, a classic case of money laundering.
Obado was charged with abuse of office, conspiracy to commit an economic crime, money laundering, and unlawful acquisition of public property.
The commission further alleged that Obado personally benefited from Ksh73 million, with some of the funds used to acquire luxury assets, including real estate.
Four of his children were also listed among the accused, having allegedly received payments from firms that traded with Migori County during his tenure.
Legal Showdown and Political Implications
The latest court directive marks a significant twist in the Obado Graft Case, forcing the DPP and EACC to realign their positions before any withdrawal is approved.
If the EACC rejects the plea bargain, the DPP will have to justify before the court why the case should be terminated despite unresolved corruption allegations.
This development underscores growing judicial scrutiny over plea bargains that appear to favor influential politicians accused of grand corruption.
Critics say the attempt to drop the Ksh505 million case reflects a worrying trend of compromised prosecution, where politically connected figures find ways to avoid accountability through negotiated settlements.
Transparency International Kenya and other civic groups have called for the EACC to stand firm, warning that letting Obado off the hook would deal a major blow to public trust in anti-corruption institutions.
Meanwhile, the court’s insistence on proper consultation sends a message that due process must be followed and that no individual, regardless of political stature, is above the law.
The Road Ahead
When the case returns to court on November 7, all eyes will be on whether the DPP and EACC can present a unified position on the plea deal. If they fail to agree, the court may reject the withdrawal and order the trial to proceed.
The decision will not only determine Obado’s legal fate but will also test the independence of Kenya’s prosecutorial system and the credibility of its anti-graft agencies.
In a country where public faith in the justice system is fragile, the Obado Graft Case has become a critical benchmark for how Kenya handles corruption involving political elites.
Whether this case ends in conviction, acquittal, or controversy, it will shape the country’s fight against graft for years to come.
