Slow pace of ‘chickengate’ probe puts anti-graft agency on the spot

The Ethics and Anti-Corruption Commission has missed a self-imposed deadline to complete investigations into alleged bribery by top electoral and examination officials, casting doubt on its resolve to conclude a case that it has delayed from last year.

EACC chairman Philip Kinisu a fortnight ago gave the agency’s sleuths a two-week ultimatum — which lapsed on Friday — to finalise investigations into how the Kenyan officials allegedly received Sh52 million as bribes - “chicken”’ from a British printing firm.

The anti-graft agency has asked for more time to look into the “chicken gate” matter saying detectives were yet to question all the officials named in the bribery scam.

“Investigations are dynamic and some of the people targeted for questioning will appear next (this) week,” said Benson Kairichi Marimba, a spokesman at EACC.

IEBC chairman Issack Hassan will be questioned this week. Mr Kinisu on February 19, 2016 ordered the EACC secretariat to fast-track investigations and hand over the file to the public prosecutor detailing how British firm Smith & Ouzman bribed IIEC and Knec officials to win lucrative printing tenders.

“In the next two weeks the recommendations will be forwarded to the DPP,” Mr Kinisu said.

The EACC chairman— who was sworn into office on January 18, 2016 — reckons that delays in probing big-ticket corruption scandals was eroding Kenyans’ confidence in the agency.

“We are aware that state of corruption in country is not good. The state of affairs need to change urgently by making corruption a costly enterprise,” said Mr Kinisu when he issued the two-week ultimatum.

READ: EACC has little to show on ‘chickengate’ scandal as UK goes after briber’s assets

Serious Fraud Office detectives retrieved damning e-mail exchanges between Smith & Ouzman and Kenyan electoral officials, shipping invoices and local purchase orders used by the procuring entities, to put a solid case of bribery.

Prices for ballot papers were inflated to include the bribes payable to the Kenyan officials, court papers filed in London show.

For example, Kenyan electoral officials inflated the price of each of the 14.51 million referendum ballot papers ordered in 2010 at the rate of Sh0.75 per ballot paper, translating to kickbacks totalling £105,193.82 (Sh14.8 million).

EACC’s continued delay in bringing local suspects named in the “chickengate” scandal to justice once again puts Kenyan authorities to shame – given that the UK has jailed and seized the assets of those who gave out the ‘chicken.’

London’s Southwark Crown Court on January 8, 2016 seized the assets of Smith & Ouzman Ltd and ordered the British printer to pay a total of £2.39 million (Sh351 million) in fines and penalties for bribing Kenyan public officials.

Judge Daniel Pearce-Higgins had earlier in February last year sentenced Nicholas Smith to three years in jail while his father, 72-year -old Christopher Smith, was handed a suspended jail term of 18 months and 250 hours of community service.