Milimani Chief Magistrate Lawrence Mugambi ruled that Obado’s case was unsubstantiated and was not enough to compel the Director of Public Prosecutions (DPP) Noordin Haji to reduce the charges against him.
Justice Mugambi determined that all the charges against him and his family are supported by evidence provided by the DPP through Senior State Counsel Henry Kinyanjui.
“Having analysed submissions from both parties, I find that Obado’s application has no merit, and I, therefore, reject and the case to proceed as per charges against him,” Justice Mugambi ruled.
Obado had argued that the charge sheet registered against him in August 2020, was overloaded.
The Migori Governor stated that he had been charged with 22 counts of subverting various sections of the EACC on August 27, 2020.
The charges include conspiracy to commit crime, unlawful acquisition of property, money laundering, among others.
Governor Obado was charged alongside his four children; Susan Scarlet, Jerry Zachary, Evelyn Adhiambo and Dan Achola Okoth. Businessman Jared Kwaga was also charged in the case among other people.
The office of DPP Haji had prior to the hearing, submitted that the charges against the governor resulted from proof of similar transactions and wanted the Governor and his accomplices to be tried together as one case.
The DPP argued that there was no known law that requires not more than 12 charges be preferred against an accused individual. Kinyanjui further argued that the court could not dictate the office of the DPP on who to charge when to charge and the number of charges to prefer.
On August 25, 2020, DPP Haji ordered the arrest of Governor Obado over the misappropriation of county funds.
Following investigations by the Ethics and Anti Corruption Commission (EACC), Obado was found to have received Ksh 73,474,360 million through his designated proxies and employees of the county government.
Obado through his children received multiple payments from companies trading with Migori County Government between the 2013-2014 and 2016-2017 financial year.