A court session in Nairobi on Friday turned dramatic after a dispute between two state agencies stopped the withdrawal of former Migori Governor Okoth Obado’s corruption case. The unexpected twist left the case hanging despite months of negotiations on a settlement.
The Office of the Director of Public Prosecutions (ODPP) had presented a plea bargain agreement that would have seen Obado and 17 others walk free from criminal charges. In return, they were to surrender assets worth 235 million shillings to the state. The figure was more than three times the 73 million shillings they were accused of stealing during Obado’s tenure.
The Ethics and Anti-Corruption Commission (EACC), however, opposed the plan. The commission told the court it had not signed the final agreement. According to its representatives, although they attended negotiation meetings, they were never shown the completed draft for approval. This raised questions about whether the deal had been rushed without their formal consent.
The standoff sparked heated arguments in court. Lawyers representing the ODPP maintained that the prosecuting authority has the constitutional mandate to withdraw charges without needing the EACC’s approval. They argued that the commission’s role during the talks was only supportive, not decisive.
Obado’s legal team quickly backed this position, stressing that the agreement was clear: the criminal case would end once the assets were surrendered, while civil recovery matters would be dealt with separately.
The objection from the EACC caught many by surprise and reportedly triggered an angry reaction from Obado himself. His frustration reflected the uncertainty now surrounding the case, which had appeared close to conclusion.
By Newshub