The Sh505 million corruption case against former Migori Governor Okoth Obado, his four children, and other co-accused may soon be settled out of court, the court heard yesterday.
During a scheduled hearing before Milimani Chief Magistrate Charles Ondieki yesterday, lawyers representing Obado and his co-accused told the court that they had formally written to the Director of Public Prosecutions (DPP) Renson Ingonga seeking an alternative resolution to the long-running criminal trial that began in 2018.
The court was told that a letter dated April 25, 2025, had been sent to the DPP requesting that the matter be considered for an out-of-court settlement. This follows earlier correspondence dating back to October and November 2022, in which the accused had initially expressed interest in pursuing a plea bargain.
“We have held several meetings and deliberations with the DPP and EACC following the letter,” the defence said.
“We believe the negotiations are at an advanced stage and anticipate a conclusion within a month. In the interest of justice and judicial time, we urge the court to adjourn the matter to allow the settlement talks to be finalized.” The defense team proposed that the case be mentioned again on July 1, 2025, to provide an update on the negotiations.
Obado and his 26 co-accused also revealed to the court that they had settled two other asset recovery lawsuits out of court that had been pending before the High Court, worth Sh1.9 billion and Sh73 million, relating to unexplained wealth and proceeds of crime involving Obado, his four children, businessman Jared Peter Oluoch Kwaga, and his companies.
They indicated that they had agreed to pay Sh253 million in total, with the Ethics and Anti-Corruption Commission (EACC) accepting Sh253 million as a fair settlement.
The State Prosecutor confirmed receipt of the April 25, 2025 letter and acknowledged that a meeting had been held between the Office of the DPP, the EACC, and the defence counsel with a view to terminating the case through Alternative Dispute Resolution (ADR).
“The plea bargain process initially began in October 2024, but negotiations stalled. They have now resumed, and we confirm they are progressing. We do not oppose the adjournment,” the prosecution stated, noting they had requested further clarification from EACC on May 6, 2025, regarding issues raised by the defence.
The EACC, through its legal representative, also expressed willingness to participate in the ADR process, confirming receipt of the DPP’s communication dated May 6, 2025.
The commission emphasized it was open to negotiations, provided they were conducted within the legal framework of Sections 137A–137O of the Criminal Procedure Code.
Obado also urged the court to postpone the case, citing a separate murder trial in which he is accused of killing his former lover, Sharon Otieno.
In his brief ruling, Magistrate Ondieki acknowledged the submissions and history of the case, noting that the matter, filed in 2018, has faced delays—including a magistrate transfer and language barriers affecting some accused. He noted in the seven years since the trial began, only one witness has testified and is yet to complete their testimony.
