The Sh73 million graft case against former Migori Governor Zachary Obado has been adjourned to September 30 after the court directed the Director of Public Prosecutions (DPP) to share a draft plea agreement with the Ethics and Anti-Corruption Commission (EACC) within three days for consideration.
Trial Magistrate Charles Ondieki further directed EACC to respond to the agreement within 21 days.
“The court finds it prudent that the DPP shares the agreement with EACC to deal with it in a manner it deems fit,” the magistrate ordered.
The graft agency told the court it was not opposed to the plea deal, contrary to suggestions made during the September 1 session.
The court heard that EACC had not been furnished with a copy of the agreement to enable it to determine the next course of action.
“I was not served with the draft agreement in order to seek further directions from my superiors,” said counsel watching brief for EACC.
Earlier, defense lawyers led by Senior Counsel
Kioko Kilukumi argued that under Section 137 of the Criminal Procedure Code, plea agreements only require the signatures of the accused and the prosecution. They added that EACC had already benefitted from properties worth Sh235 million and two motor vehicles surrendered by Obado, and thus had no further role in the criminal process.
EACC, however, through its representatives Ms. Ng’ang’a and Mr. Gichangi, maintained that its participation was legally required since it was the investigating body in the corruption case. They argued that excluding the commission would undermine the law and the public interest in anti-corruption matters.
Ondieki ruled that although EACC’s signature is not mandatory in plea bargains, the anti-graft body had indisputably participated in the negotiations and therefore deserved to review the agreement.
The case will be mentioned after 21 days to allow the EACC to formally take a position on the plea bargain.