A Nairobi anti-corruption court has freed Obado and his children in a Ksh73.5 million graft case following an out-of-court deal with the Directorate of Public Prosecution (DPP).

In a ruling delivered on Friday, May 15, 2026, by Senior Principal Magistrate Celesa Okore, the court found that the DPP did not in any way abuse his power in settling the matter out of court.

“The court is satisfied that the plea agreement has met the substantive legal test and has a sound legal basis upon which it can be adopted,” Magistrate Okore ruled.

“This court adopted the pre-agreement as a judgement of this court. It follows that all the charges are being withdrawn against all the accused persons”, she added.

Magistrate Okore stated that none of the charges lodged against the accused persons fell under offences excluded from plea bargaining under Section 137 of the Criminal Procedure Code.

She noted that the only crimes that do not allow out-of-court settlement are genocide, war crimes, crimes against humanity, or offences under the Sexual Offences Act.

“Except for offences of genocide, war crimes, crimes against humanity, and those defined by the Sexual Offences Act, the law requires discretionary power upon the DPP to negotiate and enter into a free agreement with the accused person,” the court ruled. 

The court found that the agreement constituted a valid and lawful resolution mechanism, stating that the civil forfeiture achieved the same objective that would have been realised through criminal forfeiture.

The ruling comes after Obado and 17 others reached the agreement to forfeit the Ksh235 million properties of the accused persons and the Ethics and Anti-Corruption Commission (EACC), alongside the surrender of motor vehicles.

The former governor and his four children, Dan Achola Okoth, Susan Scarlet Akoth, Jerry Zachary and Evelyne Adhiambo, were charged with conspiracy to commit economic crimes and money laundering alongside their associates.

Others charged in the case are Jared Peter Odoyo, Christine Akinyi Ochola, Joram Opala, Patroba Ochanda, Penina Auma and Carolyne Anyango, as well as their companies.