Public prosecutors will face off against suspended lands minister Charity Ngilu over her role in protecting key players in the Sh8 billion Karen land scandal.
A statement from the office of the Director of Public Prosecutions agreed with a recommendation from the Ethics and Anti-Corruption Commission (EACC) that the minister face charges for hindering investigations into the matter.
The anti-graft body was looking into allegations that top State officials were beneficiaries of a ‘public’ land parcel in Nairobi’s Karen suburb.
It turned out the parcel was private land that had mysteriously been double allocated to lawyer Horatius Da Gama Rose of Muchanga Investment Ltd and Jos Konzolo of Telesource.com Ltd before the invasion by other parties.
“(Ngilu) is alleged to have obstructed the collection of evidence regarding fraudulent transactions by directing Lands ministry officers not to release documents or record statements with EACC investigators,” Tobiko said in a statement released Wednesday. “Having reviewed the evidence, I am satisfied the charge is sustainable.”
EACC had not recommended any charges against the Lands CS in relation to the fraudulent transactions themselves.
Instead, they suggested charging a number of ministry officials, including the Chief Lands Registrar Sarah Mwenda, the Deputy Chief Lands Registrar Geoffrey Birundu, the Senior Deputy Director of Survey Pauline Gitimu and the Registrar of Titles Andrew Muigai.
Also to be charged is a director of Telesource.
The DPP also directed prosecution ensue against Ganze MP Peter Safari Shehe and five others accused of misappropriating an undisclosed amount from the Constituency Development Fund account.
He also called for further investigations into whether the Trans Nzoia county government was involved in procurement fraud in relation to the purchase of Vipul House for Sh500 million.
EACC had said their probe unearthed no evidence of a crime and recommended closing the file but Tobiko says an independent review showed there was some evidence of procurement-related offences.
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