Former Migori Governor Zachary Okoth Obado, his four children together with 11 other accused persons will today (Monday, July 8) appear before the Milimani Anti-Corruption Court for the hearing of the KSh1.98 billion graft case.
Obado, his children — Dan Achola Okoth, Scarlet Susan Okoth, Everlyn Zachary Okoth and Jerry Zachary Okoth — and the 11 co-accused will appear before Chief Magistrate Victor Wakumile from 9:00 am.
In today’s hearing, the prosecution will present its first witness, an Ethics and Anti-Corruption Commission (EACC) Investigating Officer.
EACC says the witness 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.
Fifty-nine (59) witnesses have been lined up to testify before the court in a bid to prove the case against the Governor and co-accused persons.
“EACC undertook investigations in this case after receiving allegations that Migori County Government had made suspicious payments to multiple companies, totaling KSh1.98 billion,” EACC says. “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 KSh235 million remained unexplained thus deemed to have been fraudulently acquired from the County Government.”
The unexplained amount, which the Commission says it 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. 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 a period of period10 years.”
