In its ruling, the court held that it did not find any evidence of abuse of office or improper conduct on the part of the Office of the Director of Public Prosecutions (DPP) in arriving at the agreement.
“The court has had difficulties finding that there was any abuse of power by the DPP,” the judge stated, underscoring the legitimacy of the prosecutorial process.
The court further ruled that the agreement met the required legal threshold, noting that it had satisfied the conditions set out under the law. It therefore formally adopted the agreement, clearing the way for the discontinuation of the case.
“The agreement has surmounted the legal test required, and this court hereby adopts the same,” the ruling read.
Following the decision, all charges against Obado were withdrawn under Section 87(a) of the Criminal Procedure Code, effectively bringing the case to a close.
“The accused persons, who had initially been charged with the theft of Ksh. 73.4 million from the County Government of Migori, agreed to surrender assets worth approximately Ksh. 235.6 million, more than three times the amount under investigation, alongside two motor vehicles,” said the ODPP.
