By Andrew Kariuki

Former Migori County Governor Zachary Okoth Obado has secured a major legal victory after the Milimani Anti-Corruption Court adopted a plea agreement leading to the withdrawal of a high-profile Ksh 235 Million corruption case involving him and 17 other accused persons.

The ruling was delivered by Senior Principal Magistrate Celesa Okore at the Milimani Anti-Corruption Court, bringing to an end criminal proceedings that had been filed under Anti-Corruption Case No. E018 of 2020.

The case had been brought against Obado alongside former county officials, companies and directors over alleged irregular procurement and embezzlement of public funds during his tenure as Migori Governor.

In the detailed judgment, the court adopted a negotiated plea agreement entered between the Office of the Director of Public Prosecutions (ODPP) and the accused persons, effectively terminating the criminal case under Section 137A(1)(b) of the Criminal Procedure Code.

According to the court documents, the agreement followed extensive negotiations involving the ODPP and the accused persons after related civil recovery proceedings had already led to the forfeiture of assets valued at more than Ksh 235 million to the State.

The judgment noted that the prosecution considered the plea agreement as part of efforts aimed at balancing public interest, recovery of public assets and efficient administration of justice.

The court further observed that the withdrawal option under the Criminal Procedure Code was legally available and could be applied where circumstances justified such a course of action.

Magistrate Okore stated that the court had carefully examined whether the plea agreement met constitutional and statutory requirements before ultimately approving it as a judgment of the court.

In the ruling, the court noted that some of the accused persons had already surrendered substantial assets through settlement agreements connected to related civil proceedings before the High Court.

The court also addressed objections raised by the Ethics and Anti-Corruption Commission (EACC), which had challenged aspects of the plea arrangement and withdrawal process. However, the magistrate found that the ODPP acted within its constitutional mandate and prosecutorial discretion in entering the agreement.

“The Court adopted the Plea Agreement as a Judgment of this Court. It follows that all the charges are deemed withdrawn against all Accused Persons under section 137A(1)(b) of the Criminal Procedure Code,” part of the ruling states.

The decision now marks a significant development in one of the major anti-corruption cases that had faced former county officials in recent years.