A Nairobi anti-corruption court has acquitted former Migori governor Zachary Okoth Obado and 17 other accused persons in a corruption case after approving a plea agreement that led to the withdrawal of all charges following the forfeiture of assets worth Sh235 million and two motor vehicles.
In the judgement, Senior Principal Magistrate Celesta Okose held that the withdrawal of charges through plea bargaining is lawful under Section 137A(1)(b) of the Criminal Procedure Code and dismissed objections raised by the Ethics and Anti-Corruption Commission.
The court found that plea bargaining under Kenyan law provides three lawful pathways, including reduction of charges, withdrawal of charges, or staying charges with an undertaking not to pursue further prosecution.
The magistrate rejected EACC’s argument that plea agreements must result in convictions or admissions of criminal liability, terming the argument unfounded in law.
Central to the ruling was a civil settlement entered between the accused persons and the EACC in High Court ACEC Case No. 32 of 2018 and E010 of 2022, where the accused forfeited properties worth sh 235 million together with two motor vehicles.
The court held that where civil forfeiture arises from the same facts as criminal proceedings, it should be considered a key factor in determining the appropriate plea bargaining pathway.
According to the magistrate, both civil forfeiture and criminal proceedings serve the same anti-corruption purpose of depriving offenders of proceeds of corruption and discouraging similar conduct.
The court further held that the plea agreement satisfied the constitutional requirements under Article 157(11), including public interest, the administration of justice, and the need to avoid abuse of the legal process.
The magistrate also found that the Director of Public Prosecutions had not abused his powers, ruling that the EACC failed to provide specific concerns allegedly ignored during negotiations.
Consequently, the court adopted the plea agreement as its judgment and ordered that all criminal charges against the accused persons be withdrawn under Section 137A(1)(b) of the Criminal Procedure Code.
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