EACC clears election chiefs of ‘Chickengate’ scandal

Kenya’s anti-graft agency on Tuesday exonerated persons named in a London court as key players in the so-called Chickengate scandal after it recommended criminal charges against four persons, including former electoral commission chief executive James Oswago.

Those missing from the Ethics and Anti-Corruption Commission (EACC) list and were mentioned in the London court include Independent Electoral and Boundaries Commission (IEBC) chairperson Issack Hassan, sacked Energy secretary Davis Chirchir and former Kenya National Examinations Council (Knec) 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 totalling Sh52 million codenamed ‘chicken’ to award contracts to British printing firm Smith & Ouzman, court documents show.

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

The EACC said it “has found evidence of criminal culpability on the part of and recommended criminal charges” against the four in a recommendation forwarded to Director of Public Prosecutions Keriako Tobiko on Tuesday.

“EACC has found no evidence of criminal culpability on the part of any other official of the then Interim Independent Electoral Commission (IIEC),” said Mr Tobiko in reference to the EACC recommendation, adding that he will review it and make an independent decision.

Mr Hassan and seven other public officials are named as individuals who directly participated in the syndicate and pocketed bribes totalling Sh52 million in return for contracts to print election ballot papers.

The list included Mr Chirchir, Mr Oswago, lawyer Kennedy Nyaundi (ex-commissioner) and Mr Karanai.

Mr Oyombra together with former ECK officials, Joseph Khamis Dena and Mr Kibwana, are said to have arranged payment of ‘chicken’ to the electoral chiefs.

READ: How UK sleuths unearthed Kenya ‘Chickengate’ scandal

The group “corruptly agreed to make payments to Interim Independent Electoral Commission of Kenya officials as an inducement or reward for showing favour to Smith & Ouzman,” says the indictment documents from London’s Southwark Crown Court.

The kickbacks were “in relation to the award of and payment for contracts to print materials for the Interim Independent Electoral Commission of Kenya,” the documents say.

In 2008, the IIEC replaced ECK, which was in 2010 replaced by the IEBC.

Four Knec officials, including Mr Wasanga, are also named as having participated in the bribery ring.

Court papers say Mr Wasanga was entitled to £5,000 ‘chicken’ every year from Smith & Ouzman. Geoffrey Gitogo, council’s ICT manager, Ephraim Wanderi (computer manager) and Michael Ndua (principal supplies officer) were each paid $1,000 (Sh100,000), according to the court documents.

The Knec quartet is named in London charge sheet as having received bribes “as an inducement or reward for showing favour to Smith & Ouzman Ltd in relation to the award of and payment for contracts to print materials for Knec”.