DPP allowed to add more charges against Obado in graft case

Okoth Obado

Migori Governor Okoth Obado before Chief Magistrate Lawrence Mugambi at the anti-corruption courts in Nairobi on October 13, 2021 during the hearing of his graft case.

Photo credit: Dennis Onsongo | Nation Media Group

The Director of Public Prosecution has been allowed to bring more charges against Migori Governor Okoth Obado over Sh73.4 million that he and his kin allegedly received as kickbacks from county contractors.

Anti-Corruption Court Chief Magistrate Lawrence Mugambi allowed the fresh charges against Mr Obado and his co-accused, saying, they were properly filed by the Director Of Public Prosecutions (ODPP).

In a last ditch effort to strike out the fresh charges, Mr Obado through senior counsel Kioko Kilukumi faulted the DPP, saying, he didn’t author and file the charges as required under the ODPP Act.

The new charges range from conspiracy to commit an economic crime, unlawful acquisition of public property to money laundering, and conflict of interest among others.

The governor is charged alongside his four children Susan Scarlet, Jerry Zachary, Evelyn Adhiambo and Dan Achola Okoth, and others, including businessman Jared Kwaga, with stealing Sh73.4 million from the county.

Two new entities — Swyfcom Engineering Limited and Dolphus software Limited — have been enjoined through the fresh charge sheet.

Mr Kilukumi had asked the magistrate to reject the fresh charges, saying, they were filed by police, contrary to the law.

The plea to reject the new charges was supported by defence lawyers Roger Sagana, George Kithi and Collins Ario.

“There are no charges which the accused persons can be called upon to plead,” Mr Kilukumi said.

But in his ruling, Mr Mugambi said the charge sheet is properly before court.

“The attempt to use the Constitution and drag it into matters over how the charge sheet should be drawn is to go out of the real arena. It has no relevance in this application. I find no merit in the objection by the defence and l dismiss it.”

The acceptance of the new charges came hot on the heels of the dismissal of another defence attempt to block new evidence and introduction of new companies, which allegedly looted money from Migori County government.

The court allowed the prosecution to file over 500 documents in its bid to prove the graft charges. Mr Mugambi ordered Mr Obado, his four children and 10 others to plead to the fresh charges on October 21.