Graft case: Ex-governor Obado returns to court, EACC to testify

Former Migori Governor Zachary Okoth Obado will this morning appear at the Milimani Anti-Corruption Court for the hearing of Ksh1.98B corruption case.

Obado and 15 other accused persons including his four children are facing criminal charges for alleged theft of public funds and conflict of interest in Migori County Government.

According to the anti-graft body EACC, 59 witnesses have been lined up to testify before the court in a bid to prove the case against the accused persons.

“In today’s hearing before Chief Magistrate Victor Wakumile, the first Prosecution Witness (PW1), EACC Investigating Officer, will narrate to the Court how the fraudulent scheme by the former Governor and 11 other accused persons, including his 4 children and county officials, was hatched and executed,” said EACC in a statement on X.

“EACC undertook investigations in this case after receiving allegations that Migori County Government had made suspicious payments to multiple companies, totalling Ksh.1.98 billion. However, after investigations, most payments were found to have been lawfully made in respect to executed contracts whose works were confirmed in a verification exercise while payments amounting to Ksh.235 million remained unexplained thus deemed to have been fraudulently acquired from the County Government” EACC added.

The unexplained amount, which the Commission found to be proceeds of corruption, including kickbacks directly sent by some companies to foreign universities as school fees for Obado’s children as well as high-end properties purchased for the family by the said contractors, have since been recovered through Alternative Dispute Resolution (ADR), following a civil recovery suit filed at the High Court.

The Commission will dispose of the seized properties by public auction in accordance with the court orders issued by Justice Esther Maina.

The former county boss surrendered prime properties and two motor vehicles worth Ksh235M.

If the Trial Court finds the accused persons guilty in the ongoing criminal case, they will be convicted and sentenced in accordance with section 48 of the Anti-Corruption and Economic Crimes Act, 2003, which provides for a maximum jail term of 10 years for each offence and a mandatory fine equal to two times the amount of any public funds lost or benefit acquired by the accused person.

Additionally, Section 64 of the Act bans convicted persons from appointment or election to any public office for 10 years.

Last week, the Office of the Director of Public Prosecutions (ODPP) refuted claims that Obado’s graft case was withdrawn after an out-of-court settlement with the State agency.

The ODPP clarified that the criminal charges remain active and are scheduled for further hearings on July 8 and 9.