Migori Governor Okoth Obado will face new charges after the court on Tuesday, October 19, directed the Prosecution to charge him and fifteen others afresh.
The court directed the Office of the Director of Public Prosecutions to charge Obado, his four children and 11 other members of the Migori County administration after new evidence was presented.
During the court proceedings on Tuesday, the magistrate allowed the State to use new evidence that had been obtained from Obado's home and the county offices. The DPP was allowed to adduce over 500 new pieces of documentary evidence.
Further, the court allowed the Prosecutor to amend the charges against them in the case, where the DPP claimed Obado entered into fraudulent deals that led to the embezzlement of Ksh256 million from his county government.
“The law provides that at any stage before the close of the prosecution case, the charge sheet can be amended if it is realized that it is defective or there are new facts that have come to the attention or knowledge of the prosecution," Chief Magistrate Lawrence Mugambi stated.
“I do not agree that the prosecution has not demonstrated why there is a need to amend the charge sheet. It is informed by new evidence they have discovered. It is also timely because the prosecution witness number one (PW1) just started testifying and defence will not be prejudiced.”
The Chief Magistrate of the anti-corruption court heard that the Migori governor unlawfully acquired public property and used money from the County for personal gain.
According to court documents, the Migori County boss used funds from the devolved unit to pay school fees for his children abroad and buy a home in Loresho on behalf of his daughter.
The state revealed they have evidence to prove the Governor and his co-accused persons had a conflict of interest in contracts awarded by the Migori County Government to various entities between 2014 and 2016.
DPP had earlier told the court that he had obtained bank account statements from a local bank and an international bank with details of payment for a room for Obado's daughter at the South University of Aberdeen.
Obado and his four children were earlier charged with the alleged misappropriation of public funds amounting to Ksh73.4 million.
He was charged on August 27, 2020, with 22 counts of contravening various sections of the Anti-corruption and Economic Crimes Act. The Migori Governor was charged alongside his four children; Susan Scarlet, Jerry Zachary, Evelyn Adhiambo, Dan Achola Okoth and businessman Jared Kwaga, among others.