Lobby Group faults Obado's Ksh.73.4M plea bargain, says deal weakens war on graft

The National Integrity Alliance (NIA) has criticised the plea bargain agreement that led to the withdrawal of corruption charges against former Migori Governor Okoth Obado and his co-accused persons, warning that the move risks weakening the fight against graft in the country.

In a statement issued on Friday, the anti-corruption coalition expressed concerns and disappointment over the Milimani Anti-Corruption Court's decision to uphold the agreement between the Office of the Director of Public Prosecutions (ODPP) and the accused persons in the Ksh.73.4 million graft case.

“While we acknowledge the constitutional and legal framework permitting Alternative Dispute Resolution (ADR) mechanisms and plea bargaining in criminal proceedings, we strongly question the precedent being set where individuals accused of plundering public resources are effectively allowed to negotiate their way out of full criminal accountability,” the statement read in part.

The alliance argued that corruption is not a victimless crime, saying the loss of public funds directly affects ordinary Kenyans through poor services and stalled development.

“The money stolen from public coffers belongs to ordinary Kenyans; the child studying in a dilapidated classroom, the patient denied medicine in a public hospital, the youth without employment opportunities, and communities deprived of roads, water, and essential services,” NIA stated.

The lobby group questioned whether negotiated settlements in major graft cases risk normalising corruption as “a low-risk, high-reward enterprise.”

“The public must ask: if a person accused of stealing hundreds of millions of shillings can walk free after surrendering part of their assets, what message does this send to future public officers entrusted with public funds?” it posed.

NIA further warned that overreliance on plea bargaining in grand corruption cases could diminish public confidence in the justice system, weaken deterrence against corruption, and create unequal standards of justice between ordinary citizens and politically connected individuals.

The alliance maintained that restitution alone should not replace criminal responsibility.

“We maintain that true justice in corruption cases must go beyond negotiated settlements and partial restitution. Public funds stolen from Kenyans must be fully recovered, and all individuals found culpable must face the full force of the law, including custodial sentences where appropriate,” the statement added.

The coalition also called on Parliament and the National Council on the Administration of Justice (NCAJ) to review the scope and limits of plea bargaining in major corruption and economic crimes.

It further urged the Judiciary and the ODPP to ensure public interest and victims’ rights remain central in such agreements, while calling on the Ethics and Anti-Corruption Commission (EACC) to strengthen safeguards against abuse of negotiated settlements.

The statement comes a day after former Migori Governor Okoth Obado secured a major legal victory after a Nairobi court approved an agreement that led to the withdrawal of corruption charges against him and 13 others.

In its ruling, the court stated that it had not found evidence of abuse of power by the ODPP in reaching the agreement and held that the deal had met the required legal threshold.

Following the ruling, all charges against the accused persons were withdrawn under Section 87(a) of the Criminal Procedure Code.

According to the ODPP, the accused persons agreed to surrender assets worth approximately Ksh.235.6 million, more than three times the amount under investigation, alongside two motor vehicles.