Economy

Tobiko to pursue ex-IEBC chiefs in Chickengate probe

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Director of Public Prosecutions Keriako Tobiko. FILE PHOTO | NATION MEDIA GROUP

The Chickengate bribery scandal still hangs over former electoral chiefs despite a taxpayer-financed “dignified exit” handed to them just a few days ago.

Director of Public Prosecutions (DPP) Keriako Tobiko yesterday ruled out blanket immunity to former Independent Electoral and Boundaries Commission (IEBC) officials, saying the legal process was still under way.

“I confirm that we have received the files from Ethics and Anti-Corruption Commission (EACC). We are finalising review of the same,” Mr Tobiko told the Business Daily.

“I’m not aware of any immunity discussions,” he said, adding that the criminal process is independent.

Mr Tobiko had directed the EACC to hand over the documents received from UK authorities five months ago. The Ahmed Issack Hassan-led IEBC finally left office last Friday under a Sh315 million send-off deal, sparking fears that the sweetheart offer may have included protection from prosecution.

READ: Tobiko blames EACC for stalled Chickengate case

ALSO READ: Eyes on Tobiko for Chickengate verdict as IEBC chiefs exit

The belated efforts to solve the Chickengate bribery scam once again puts to question the resoluteness of Kenyan authorities to fight graft given that the UK already jailed and seized assets of the givers of the ‘chicken.’

Kenya’s anti-graft agency in July last year recommended charging of former IEBC chief executive James Oswago and three other junior electoral officials but exonerated top officials mentioned in a London court as having pocketed hefty bribes totalling £349,057.39 (Sh45.4 million) codenamed ‘chicken.’

The EACC effectively cleared top bosses mentioned in London’s Southwark Crown Court including former chairman Issack Hassan, sacked Energy secretary Davis Chirchir, lawyer Kennedy Nyaundi (both ex-commissioners), and former Kenya National Examinations Council (Knec) chief executive Paul Wasanga.

But Mr Tobiko fell short of terming the EACC Chickengate file shoddy, and ordered the agency to “expeditiously” supply his office with the files from the United Kingdom’s Serious Fraud Office (SFO) “to enable him make a final determination of the matter”

He wrote to EACC on September 5, demanding for the files received from British authorities, but the anti-graft agency has been dragging its feet on the matter.

The prosecutor wants to rely on the documents used to jail and seize the assets of the Britons who bribed Kenyan election and examination officials before he makes a decision on those to be charged with bribery.

A newly-enacted Bribery Act provides that those convicted of eating ‘chicken’ will have their assets seized five times the amount of bribes received, or loss suffered by taxpayers.