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| former Migori Governor Zachary Okoth Obado, |
Ethics and Anti-Corruption Commission is expected to testify in case against former Migori Governor Zachary Okoth Obado, his four children Dan Achola Okoth, Scarlet Susan Okoth, Everlyn Zachary Okoth and Jerry Zachary Okoth, together with 11 other accused persons.
In the hearing slated for Monday before Milimani Anti-Corruption Courts Chief Magistrate Victor Wakumile, the first Prosecution Witness (PW1), EACC Investigating Officer, will narrate to the Court how an alleged illegal scheme by the former Governor and his co-accused persons, was hatched and executed.
The accused persons will be in the dock in relation to the criminal charges they are facing for alleged theft of public funds and conflict of interest in Migori County Government.
59 witnesses have been lined up to testify before the court in a bid to prove the case against the former governor and co-accused persons.
EACC undertook investigations in the case after receiving allegations that Migori County Government had made suspicious payments to multiple companies, totalling Sh1.98 billion.
However, after investigations, most payments were found to have been lawfully made with respect to executed contracts whose works were confirmed in a verification exercise.
However, payments amounting to Sh235 million remained unexplained and thus deemed to have been acquired inappropriately from the County Government.
The unexplained amount, which the Commission found to be proceeds of corruption, includes alleged kickbacks directly sent by some companies to foreign universities as school fees for Obado’s children.
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 by 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.
The aforesaid Section 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 period 10 years.
by SHARON MWENDE
