Yesterday, the commission gave Mr Tobiko a case file recommending the charges following months of investigations.
Lands Cabinet Secretary Charity Ngilu could face prosecution over her role in the Sh8 billion Karen land scandal in which senior government officials were allocated prime plots illegally.
Her fate now lies with the Director of Public Prosecutions, Mr Keriako Tobiko, who will decide whether to take her to court as recommended by Ethics and Anti-Corruption Commission or to drop the charges.
Yesterday, the commission gave Mr Tobiko a case file recommending the charges following months of investigations.
An EACC document seen by the Nation said of Ms Ngilu’s case: “Inquiry into allegations that top government officials, MPs, State/Public officers are among beneficiaries of the subdivided 13.4 acres of public land in Karen valued at Sh8 billion, namely LR No 35861/31R31187 which has been double allocated to Horatious Da Gama Rose of Ms Mchanga Investments and Jos Konzolo of Telesource Ltd.”
If charged, she will become the second CS to be put in the dock after her Transport counterpart, Mr Michael Kamau, who is already facing abuse of office charges over a road contract in western Kenya.
Mr Tobiko has the option of letting Ms Ngilu off the hook by declaring the evidence presented by the EACC as insufficient to sustain a trial. The other option available to him is to return the file with a directive to the EACC to conduct further investigations.
The commission had been investigating three allegations against Ms Ngilu, including her alleged involvement in the Waitiki farm saga and yet another parcel of land on State House Crescent.
Last week, she was cleared over the Waitiki Farm issue while the one on the land on State House Crescent is still with the EACC. In a separate matter, Mr Tobiko has directed the EACC to investigate how Sh90 million was transferred from Kenya Pipeline to Kenya Power, both State corporations.
The transaction matter arose from an investigation in which the EACC was looking at allegations that Energy CS Davis Chirchir and Nairobi Senator Mike Mbuvi Sonko attempted to influence a tender at KPC.
