House team turns anti-graft chiefs away over Chickengate

From left: Senator Kiraitu Murungi (left), EACC chief executive Halakhe Waqo and Senator Kipchumba Markomen at Parliament Buldings in Nairobi on July 25, 2016. PHOTO | SALATON NJAU

The Ethics and Anti-Corruption Commission (EACC) was yesterday sent away from the Joint Select Committee on electoral reforms for a second time after their presentation on allegations against the electoral commission was deemed shoddy.

There was also heated debate between the team of lawmakers and a senior staffer at the commission after he said the team could not be given a document on the Chickengate saga given to Kenyan authorities by the UK’s Serious Fraud Office.

The decision to have them go back with a more detailed report was announced by the co-chairmen, James Orengo and Kiraitu Murungi, and came after debate within the committee and with the EACC team led by chairman Philip Kinisu and chief executive Halakhe Waqo.

“We are sending you back and we want you to be relevant. Don’t just bring to us a mass of documents which have no relation to what we are trying to get at. Look at the commissioners, look at the secretariat, look at the documents you are bringing to us so that they are specific,” said Mr Murungi.

He had earlier ruled that the two coalitions would be asked to affirm their commitment to the process after the Jubilee Coalition complained about statements by Cord chief Raila Odinga they said undermine the committee’s work.

When they met the committee last week, the EACC was asked to bring the Chickengate dossier to the committee.

Their presentation on Monday had detailed the 30 allegations made against the IEBC after the 2013 General Election.

Only four have been concluded, said Mr Kinisu, and only in three cases has the Director of Public Prosecutions agreed with the commission’s recommendations.

“I’m not confident that these 26 (remaining) cases will be completed by the time we go to elections and its (the report) value is not as high as expected,” said Mr Kinisu.  

The report on the Chickengate scandal was last week handed over to the DPP for consideration and he is yet to make a decision. In no case has the prosecution of a commissioner been recommended.

The anti-graft agency exonerated persons named in a London court as key players in the so-called chickengate scandal after it recommended criminal charges against four person including electoral boss James Oswago.

Those missing from the EACC list and were mentioned in the London Court include IEBC chairman Issack Hassan, sacked Energy secretary Davis Chirchir and former Kenya National Examination Coucnli chief executive Paul Wasanga.

More than a dozen persons were named as having been part of the syndicate where Kenyan public servants pocketed hefty bribes totaling Sh52 million codenamed ‘chicken’ to award contracts to British printing firm Smith & Ouzman, court documents show.

EACC deputy CEO Michael Mubea said the full document from the SFO is in the file with the DPP on Chickengate and could not in any case be shared.

“Sharing evidence with this committee at this deliberative stage may jeopardise the ongoing case,” he said.

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