EACC to forward Cabinet secretaries files to Tobiko

Kenya’s anti-corruption watchdog announced on Sunday that it would hand over their files on four of five suspended Cabinet secretaries to the Office of the Director of Public Prosecutions for action Monday morning.

The file on a fifth CS and those on four suspended principal secretaries are still being prepared.

Ethics and Anti-Corruption Commission (EACC) chief executive officer Halakhe Waqo said they had completed investigations into alleged corruption cases facing Cabinet secretaries Charity Ngilu (Lands), Michael Kamau (Transport), Kazungu Kambi (Labour) and Felix Koskei (Agriculture).

Mr Waqo, however, said investigations into corruption allegations against suspended Energy secretary Davis Chirchir and four principal secretaries were still going on.

“The commission will tomorrow (Monday) submit to the DPP more files that include four Cabinet secretaries, one senator and other public officials for his appropriate action in line with the constitutional mandate,” said Mr Waqo.

Addressing a news conference in Nairobi on Sunday, Mr Waqo said the commission could not have completed investigations into all 124 cases included in the ‘List of Shame’ document by Tuesday May 26, which marks the end of a 60-day ultimatum issued by President Uhuru Kenyatta to complete the probe.

“It could not be possible to finalise the matter within 60 days. It is of importance that investigations are not hurriedly undertaken as it portends a risk of all evidence not being critically analysed,” he said.

He pointed out that the complexity of some of the cases, their international dimensions and support that they are receiving from various stakeholders in the retrieval of evidence were some of the things that had prolonged the probe.

Mr Waqo noted that communication had been made to the relevant government agencies on the timeline of 60 days, saying that the authorities would have to bear with the commission as it completes investigations.

READ: Secrets of EACC anti-corruption dossier revealed

The commission, he said, had so far finalised investigations into 56 files on the cases that were presented to it with 21 files having been forwarded to Mr Tobiko.

Mr Tobiko has so far closed some of the files, absolving the suspects from corruption allegations while some of them have been charged in court.
However, Mr Waqo said that reports that some individuals in the ‘List of Shame’ had been cleared are misleading.

He said the declaration by Mr Tobiko does not absolve anyone, stating that EACC has three or four cases against those said to have been cleared under investigations.

Nandi Hills MP Alfred Keter and his nominated counterpart, Sonia Birdi, were charged in court last week for causing disturbance at a weighbridge station in Gilgil early this year.

Former Lands minister and Siaya senator James Orengo, Kenya’s High Commissioner to Tanzania Chirau Ali Mwakwere and former secretary to the Cabinet Francis Kimemia were cleared of corruption allegations by Mr Tobiko last week for lack of enough evidence to prosecute their cases.

READ: Court order saves Mutua, Tobiko spares Mwakwere

The DPP recommended that administrative action be taken against National Police Service Commission chairman Johnston Kavuludi. Mr Tobiko wants him to be surcharged for failing to account for money spent on foreign trip.

Following the DPP’s recommendations, the commission has so far arraigned 19 public officers and will in the next few days be taking 29 more suspects in various parts of the country including Turkana, Machakos, Nyamira, Nairobi and Trans-Nzoia to court.

Mr Waqo pointed out that concluded investigations on 35 files are currently undergoing evidence analysis by the commission’s legal team and will be forwarded to the DPP in due course.

The public officials had been directed to step aside by Mr Kenyatta during his State of the Nation address to the National Assembly in March this year to pave way for investigations into corruption allegations.

EACC is currently conducting investigations without commissioners following the resignation of chairman Mumo Matemu and his deputy Irene Keino after Parliament ejected them from their offices pending investigations into alleged corruption.