Senators question ODPP over withdrawal of county graft cases

By Newsflash Repoter

The Office of the Director of Public Prosecutions (ODPP) is facing criticism from senators after revelations that 18 graft cases linked to county governments were withdrawn without involving the Ethics and Anti-Corruption Commission (EACC).

Appearing before the Senate County Public Accounts Committee on Wednesday, September 10, EACC disclosed that since 2013, the ODPP had terminated corruption prosecutions touching on Isiolo, Makueni, Tharaka, Turkana, Nakuru, and Nyeri counties.

Nyamira Senator Erick Okong’o described the move as alarming, warning that it weakens Kenya’s anti-corruption efforts. “If we sweep these things under the carpet, we will not be assisting the country. There seems to be a disconnect between EACC and the DPP,” he said.

Okong’o further suggested that Parliament may consider constitutional amendments to grant EACC greater prosecutorial powers. “We cannot continue treating the war against corruption casually. If it requires amending the Constitution, so be it,” he added.

Spotlight on Obado plea bargain

The latest controversy comes amid the ODPP’s decision to withdraw graft charges against former Migori Governor Okoth Obado, his four children, and associates accused of misappropriating Ksh505 million.

In addition, the ODPP has sought to terminate civil asset recovery proceedings initiated by the EACC, citing an out-of-court settlement. Under the plea bargain, Obado and his co-accused agreed to forfeit properties valued at Ksh428 million.

The surrendered assets include a Ksh40 million residence in Loresho Ridge, a Ksh88 million commercial block in Suna East, two five-storey apartment blocks in Suna East worth Ksh57.6 million, two Greenspan apartments valued at Ksh18 million, a maisonette in Greenspan worth Ksh14.5 million, and several residential properties in Nairobi and Migori.

The ODPP defended the settlement, stating it complied with the Criminal Procedure Code and plea-bargaining rules. Several companies linked to Obado, including Misfort Limited, Kajulu Business Limited, and Deltrack ICT Services, were also listed in the case. The court is now expected to determine the final terms of the agreement.

Tensions rise between EACC and ODPP

Despite attending negotiation meetings, EACC told the court that it did not sign the plea bargain filed by the ODPP. The commission insisted that it was never presented with a draft agreement for review or granted authority to endorse the deal.

EACC CEO Abdi Ahmed Mohamud said bypassing the commission undermines its constitutional role. “We were not consulted in approving the plea bargain. This raises serious questions about accountability in handling corruption cases,” he noted.

The development has exposed a widening rift between Kenya’s key anti-graft agencies. Senators warned that failure to coordinate risks eroding public trust in the justice system and emboldening corrupt officials in counties.

As the ODPP defends its prosecutorial independence, pressure is mounting on Parliament to review laws governing anti-corruption prosecutions to ensure stronger institutional collaboratio