The Director of Public Prosecutions (DPP) has directed that a probe on the sale of Integrity Centre that houses the anti-graft watchdog to continue, further deepening the long-running case.
The Ethics and Anti-Corruption Commission (EACC) - which last June renewed its tenancy of the building - had recommended that the case over the alleged irregular transfer of the building from Trust Bank Ltd be closed citing lack of criminal evidence.
However, DPP Keriako Tobiko wants the matter to be investigated further.
“Upon independent analysis of the evidence in the inquiry file, the DPP noted critical gaps in the file, which must be addressed before a final decision is made,” a statement from the DPP office said.
“The DPP therefore directed the further investigations be conducted expeditiously and the file be re-submitted for final directions,” it added.
The Integrity Centre, previously held as a public asset by the Deposit Protection Fund (DPF), has been claimed publicly by both Revack Limited - a company associated with Moi era cabinet minister Nicholas Biwott - and Tegus Limited.
The building was initially owned by Trade Bank, also associated with Mr Biwott, which collapsed in 1993 with about Sh300 million owed to the Central Bank of Kenya (CBK).
CBK’s Deposit Protection Fund then seized and put the asset to auction but Mr Biwott and his associates formed Revack Limited on May 25, 1994, which outbid other contestants to buy back the building.
Meanwhile, the DPP also cleared Ruaraka MP Tom Kajwang’ of abuse of office charges after he was accused by EACC of influencing the employment of Evelyn Achieng’ Osogo into two government jobs at the same time and consequently drawing two salaries.
“Upon independent review of the evidence in the file, the DPP found no sufficient evidence to warrant a criminal prosecution against Hon Thomas Kajwang and/or Evelyn Achieng Osogo,” the DPP statement said.
The EACC had recommended that the legislator be prosecuted for the charge.