Ngilu, Koskei survive probe, Kamau, Kambi face charges

Transport secretary Michael Kamau and his Labour counterpart Kazungu Kambi risk losing their jobs after the anti-graft watchdog recommended abuse of office charges against them.

The two, who “stepped aside” in March, now await a decision on their fate by Director of Public Prosecutions (DPP) Keriako Tobiko on whether to follow the agency’s recommendations, resume investigations or close their files.

Lands minister Charity Ngilu and Agriculture Felix Koskei, on the other hand, could walk away from the ‘List of Shame’ investigations without the prospect of appearing in court as an accused person after EACC decided against any charges on some of the allegations facing them.

Mr Tobiko released a statement Monday afternoon announcing he had received four files from the EACC recommending Mr Kamau and Mr Kambi face charges while Ms Ngilu and Mr Koskei walk.

Update May 26: The Office of the DPP has also received a file from EACC on an incident in Kilifi County in which Nairobi Senator Mike Mbuvi Sonko allegedly led a mob to free a water tanker that had been seized by authorities at the Mtwapa weighbridge. The anti-graft body recommends that the Director of Criminal Investigations be called in to probe the matter and that the Senate deal with the ethics violations disclosed.

Tobiko has promised to make a decision on the files soon.

However, the matters contained in the files do not cover all the allegations initially raised by the EACC, which says it is still investigating other matters involving the same individuals.

The law requires that public servants who are charged with criminal offences be interdicted and put on half-pay until their cases are determined.

Mr Kamau had been accused of illegally contracting a local firm to handle cargo belonging to the Chinese firm contracted to build the standard gauge railway, manipulating road tender awards and directing billions of shillings of SGR-related in consultancy work to a firm linked to him.

The file sent to the DPP, however, only covers allegations he colluded in the irregular trashing of the Kamukuywa-Kaptama-Kapsokwony-Kimilili road design “leading to massive embezzlement of funds”.

He could face abuse of office charges for this.

Labour CS Kambi had been accused of involvement in corruption deals at the National Social Security Fund related to the Tassia Phase II project, whose cost estimates were revised from Sh3.3 billion to Sh5 billion without the approval of NSSF’s Board of Trustees.

He would, however, be in court facing abuse of office charges for irregularly appointing two individuals — Andrew Muigai and Veska Kangongo — as members of the NSSF board of trustees if the DPP accepts the EACC recommendation.

Mrs Ngilu was alleged to have colluded with Mr Evanson Waitiki, a Likoni landowner plagued by squatters, to inflate the market price of his farm by Sh110 million ahead of a sale to the government.

She was also accused of scheming to drive a landowner off a parcel of land near State House, Nairobi.

The inquiry file that was recommended for closure only mentioned the Waitiki matter.

Agriculture CS Koskei was accused of renting government land in Tigoni from the Kenya Veterinary Vaccines Production Institute to plant potatoes. EACC suggests that two KEVEVAPI officials — the managing director and the head of supply chain management — are responsible for the 100-acre potato farm, and intend to call the minister as a witness in their prosecution.

The CS had also been accused of secretly allocating sugar import permits, demanding bribes from parastatal heads and intimidating those who resist.

The inquiry file has no mention of these matters.

Investigations into corruption allegations against suspended Energy secretary Davis Chirchir are still going on.

Chirchir is accused of trying to influence the award of a $500 million (Sh45.5 billion) Kenya Pipeline Company Tender to a Chinese firm in return for a $15 million (Sh1.4 billion) kickback to be shared with Nairobi county senator Mike Sonko.

EACC was rushing to beat a 60-day deadline to work through 124 cases included in a document its chief executive presented to the President shortly before this year’s State of the Nation address.

The agency has asked for more time to finish investigations into the remaining cases.

Five Cabinet secretaries, three principal secretaries, 12 county governors, two senators, 64 MPs, the National Police Service Commission chairman, the Deputy President’s chief of Staff, 20 parastatal chiefs, and several judiciary officers were named as suspects in the cases in the EACC report.

Those waiting to know their fate include governors Evans Kidero (Nairobi), Peter Munya (Meru), Isaac Ruto (Bomet), Samuel Tunai (Narok), Josephat Nanok (Turkana), Hassan Joho (Mombasa), Nathif Jama (Garissa), Ukur Yatani (Marsabit), Okoth Obado (Migori), Godana Doyo (Isiolo) and Cyprian Awiti (Homa Bay).

Others are former Secretary to the Cabinet Francis Kimemia and principal secretaries Nduva Muli (Transport), Patrick Omutia (Mining), James Teko (Water) and Mutea Iringo (Defence). — Additional reporting by Gerald Andae