Eyes on Tobiko for Chickengate verdict as IEBC chiefs exit

Director of Public Prosecutions Keriako Tobiko, who is yet to announce his decision on the proposed prosecution of IEBC officials. FILE PHOTO | NATION MEDIA GROUP

What you need to know:

  • Director Public Prosecutions Keriako Tobiko has remained mum for more than two months after he received a file on the ‘chickengate’ bribery scandal from the anti-graft agency on July 19.
  • EACC had recommended prosecution of ex-CEO and three other junior electoral officials.

Attention shifts to the Director Public Prosecutions Keriako Tobiko after the electoral agency commissioners agreed on an exit pay-out without any word from his office.

Mr Tobiko has remained mum for more than two months after he received a file on the ‘chickengate’ bribery scandal from the anti-graft agency on July 19.

The Ethics and Anti-Corruption Commission (EACC) had recommended prosecution of ex-CEO and three other junior electoral officials but exonerated top officials mentioned in a London court as having pocketed Sh52 million in bribes codenamed ‘chicken.’

The public prosecutor was expected to either accept the EACC proposals to charge the four officials, return the file and order fresh probe, or close the file due to lack of watertight evidence.

Mr Tobiko declined to respond to our queries on the status of the ‘chickengate’ file. He had in July promised to “independently review” the file and make a decision “based on the facts, evidence and the law.”

The nine Independent Electoral and Boundaries Commission (IEBC) bosses on Friday struck a deal that will see them resign from office and receive a hefty sendoff pay under a newly-amended law meant to reform the graft-tainted agency.

There are fears that once the commissioners exit office, it will be difficult to pursue them and recover the lost taxpayer cash as the sweetheart deal provides for a “dignified exit.”

Those the EACC found culpable in the bribery ring include former IEBC chief executive James Oswago, Trevy James Oyombra, the Kenyan agent for British printing firm Smith & Ouzman, former IEBC procurement officer Kenneth Karani, and Hamida Kibwana, an employee of the defunct Electoral Commission of Kenya.

The anti-graft agency effectively cleared top bosses mentioned in the London court including IEBC chairman Issack Hassan, sacked Energy secretary Davis Chirchir and, lawyer Kennedy Nyaundi (both ex-commissioners).

The UK’s Serious Fraud Office in court papers directly mentioned an eight-member ‘chicken’ gang saying they inflated printing contracts by up to 38 per cent mainly to cater for the kickbacks.

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