Obado plea deal sparks courtroom clash between ODPP and EACC

A courtroom showdown unfolded this morning as the Office of the Director of Public Prosecutions (ODPP) and the Ethics and Anti-Corruption Commission (EACC) disagreed openly over a plea bargain deal involving former Migori governor Okoth Obado.

The legal standoff emerged during the hearing of an application seeking to formally withdraw corruption charges against Obado and others.

At the centre of the dispute is a plea agreement filed in court, which the EACC claims it never approved or signed.

While acknowledging its participation in negotiation meetings, the most recent held on August 28, the commission told the court it was never presented with a draft of the agreement, nor given a chance to review it or seek instructions.

“The practice has been that once negotiations are concluded, a draft plea agreement is shared between EACC and the DPP. We requested for the draft, but the same was not availed to us. We have therefore not had an opportunity to go through it or seek instructions,” representatives of EACC told the court.

They argued that this omission went against an agreed procedure for resolving disputes in such cases.

Despite EACC’s objections, the prosecution insisted that the commission was fully aware of the plea bargain process. The ODPP maintained that EACC officials had been present at all meetings from April to August 2025.

“We did not refuse to hand over any agreement; parties were attending these meetings and they were aware that that was the day to sign the agreement,” the court heard.

Defence lawyer Kioko Kilikumi, representing Obado, supported the ODPP’s position. He said the EACC had no authority to block the withdrawal of charges, stating that the Director of Public Prosecutions had sole responsibility for such decisions.

“The DPP alone has the constitutional mandate to withdraw charges. EACC cannot control the ODPP. They were merely invited into the process out of courtesy, and it is not a must that they sign the agreement,” Kilukumi argued.

He added that the negotiations from the start were tied to the withdrawal of the criminal case, alongside a separate settlement in the civil courts.

“This same EACC entered into negotiations with the accused persons, and the starting point was that the criminal case would be withdrawn and the accused persons would make a settlement in the civil courts,” he said.

Kilikumi further suggested that the EACC’s role in such agreements was not essential, saying, “EACC is not supposed to sign the plea bargain, and next time they should be kicked out, adding that EACC does not feature.”

The court is now expected to determine whether the application to withdraw charges will proceed despite EACC’s opposition.

In a statement shared after the proceedings, the ODPP confirmed that assets worth Sh235 million have already been recovered from Obado and his co-accused through the plea bargain.

The case involves alleged misappropriation of Sh73.4 million.