DPP gives a go ahead for the prosecution of both current and former state officials link to Corruption

The Ethics and Anti-Corruption Commission has published its 4th quarter report on completed investigations into allegations of corruption for the period covering October 1, to December 31, 2023.

The report gazetted Friday by EACC chairperson David Oginde and CEO Twalib Mbarak shows that the commission completed investigations on 27 files during the period under review and forwarded them to the ODPP’s office.

The report shows that the commission recommended the prosecution of suspects in 24 of the files “including current and former high-ranking State officials”.

The report says the Director of Public Prosecutions (DPP) accepted recommendations to prosecute cases in seven of the 24 files.

It includes the prosecution of a former governor into allegations of conflict of interest and receipt of irregular benefits of Sh56,740,325.

“The county government awarded various tenders to contractors associated with the former governor of the said county during the financial year 2013/2014 to 2021/2022,” the report says in part.

The inquiry file was first submitted to the DPP on October 16, 2023, with recommendations to charge several suspects including the former governor.

EACC said the DPP returned the file on the case on November 16, 2023, with recommendations for further investigations.

The Commission conducted further investigations and resubmitted the file to DPP on December 4, 2023.

“On December 18, 2023, the DPP returned the file and concurred with the Commission’s recommendations for prosecution,” the commission said.

“It was established that the companies were awarded 60 contracts after which the companies received payments totalling Sh2,251,012,597.28. It was further established that from each of the six companies, the former governor received a benefit directly and indirectly through companies associated with him.”

The ex-governor faces one count of conspiracy to commit an offence of corruption, 11 counts of conflict of interest, two counts of Abuse of office, and five counts of money laundering.

Also recommended for prosecution is a Member of the Kiambu County Assembly who allegedly demanded a Sh130,000 bribe as an inducement to allow the complainant to proceed with developing a parcel of land despite an alleged petition by members of the public against any development on the subject plot.

Also recommended for prosecution is a case against a Ward Administrator for Marsabit Central who allegedly used forged KCSE and diploma certificates to gain employment in Marsabit County.

The DPP also concurred with the Commission’s recommendations for the prosecution of an employee who allegedly used forged academic documents to secure employment at Rural Electrification and Renewable Energy Corporation (REREC).

The report says the DPP also accepted a recommendation to close three other files.

According to the report, the DPP returned 14 files to the Commission recommending that further investigations be carried out on cases involved while three other files are awaiting his advice.

Among the inquiry files returned with recommendations for further investigations include allegations of bribery against a police officer attached to the DCI Kakamega Central Police Station.

The officer is accused of allegedly soliciting for Sh100,000 bribe to give to a Magistrate stationed at Kakamega Law Courts in order to influence the outcome of an inquest.

Also recommended for further investigations is a case against a Nairobi City County Revenue Officer based at City Hall who allegedly demanded a Sh20,000 bribe in order to write off cess arrears amounting to Sh47,000 accrued by the complainant’s lorry.

The inquiry file into allegations of procurement irregularities at the Embakasi North constituency amounting to Sh51,351,357 has also been returned for further investigations.

Meanwhile, a file on investigations into allegations of procurement irregularities in the purchase of stone-cutting machines by Coast Development Authority (CDA) from Endebes Development Company (EDC)is still pending the DPP’s advice.

Also pending advice is investigations into allegations of irregular award of tenders and embezzlement of funds by officials of Bomas of Kenya during the 2020-21 financial year.