22 files on high profile investigations forwarded to DPP - EACC

The cases were processed between April 1st to June 30.

In Summary
  • During the period, the Commission recommended five files for closure, but the DPP accepted one while three were returned for further investigations. 
  • The report was cosigned by Chairperson David Oginde and for CEO Twalib Mbaraka.
EACC offices at Integrity Centre.
EACC offices at Integrity Centre.
Image: FILE

The Ethics and Anti-Corruption Commission forwarded 22 files on high-profile investigations to the Director of Public Prosecutions between April 1, 2023, to June 30, 2023, its gazetted quatre two report indicates.

During the period, the Commission recommended five files for closure, but the DPP accepted one while three were returned for further investigations. One was recommended for administrative action.

The report cosigned by chairperson David Oginde and for CEO Twalib Mbaraka, and dated August 2,  said the remaining 17 files are awaiting the DPP's advice.

"During the reporting period, EACC completed high impact investigations and recommended prosecution of high-profile suspects, including senior state officials, for corruption and economic crime," the Commission said.

Among the 17 is a case on the inquiry into allegations of irregular award of contracts for the implementation of the Lake Turkana Wind Power Project and subsequent payment of Sh18,499,082,672 to Lake Turkana Wind Power Limited.

The money was paid by various government agencies between 2005 and 2019.

Investigations revealed that public officers were involved in money laundering and contractual fraud.

The file was forwarded to the DPP on June 5, recommending charges including conspiracy to commit economic crime, abuse of office and fraudulent acquisition.

The Commission also forwarded a file on an inquiry into the allegations of conflict of interest in the award of tenders of Sh50 million to companies owned by the family of a former governor.

This happened within the financial years 2017/18 and 2018/19. The file was forwarded on May 3, recommending charges of abuse of office, conflict of interest and unlawful acquisition of public property.

Further, there was a file on the allegations of procurement irregularities and loss of public funds through payment for non-existing workers in the construction of a blood transfusion centre by the Vihiga County government.

Investigations established that the tender was for Sh17 million while the appropriated amount in the approved budget was Sh9 million. 

A report was compiled and forwarded to the DPP on May 3, recommending that the suspects be charged with conspiracy to commit an offence of economic crime and abuse of office among others.

Other files forwarded and still awaiting the DPP's advice include an inquiry into allegations of fraudulent acquisition of public funds amounting to Sh491,405,413 by officials of the National Museums of Kenya.

This was done through salaries and gratuities paid to 105 ghost workers added to the payroll between May 2016 and April 2022, and the file was referred to the DPP on May 5.

There is an inquiry into allegations of the irregular procurement process in the award of tender for fencing the Kenya wildlife compound and staff quarters in Tana River County to a company forwarded on June 12.

The inquiry into allegations of corruption and irregular payment of Sh6.8 million by TUM for fencing of Gotani land in Kalolani during financial years 2014/15 was forwarded on June 12.

A file on an inquiry into allegations of forgery by a bid bond by a firm for the strategic information and communication technology partner was forwarded to the DPP on June 12. 

On June 20, EACC forwarded a file on the inquiry into allegations of irregular award of tender for the construction of Langata phase IV and V residential units.

The tender amounted to Sh1.1 billion during the financial year 2009/10 and the cost was exaggerated by Sh100 million.

The inquiry into allegations of procurement irregularities at KNEC in the award of tender for printing of KCSE and KCPE certification for financial years 2019/20 and 2020/21 was submitted to DPP on June 12.

Other files forwarded on June 12 included an inquiry into bribery allegations against a legal officer working with KEMSA, an inquiry into Sh5,000 bribery allegations against a Meru OCS, Sh30,000 bribery allegations against a DCI officer and an inquiry into allegations that a clerical office under the Ministry of Interior requested for Sh3,000 bribe to fast-track processing of an ID.

Others on the same date were a file on the inquiry of allegations of corruption against a private citizen offering Sh10,000 to have his father released from remand and an inquiry into allegations of bribery against a clearing and forwarding agent based at Busia County.

On June 12, the DPP also forwarded a file on the inquiry into allegations that a former CS received bribes from SBI officials - an Israeli company.

The file was recommended for closure after EACC established that the money was contributed to the demise of the CS's mother in 2015.

The file on the inquiry into bribery allegations against a Nyeri chief and a county land coordinator was forwarded on April 11, 2023.

The closed file was on an inquiry into an allegation of misappropriation of Sh9 million allocated for the construction of Thiti Dispensary in Tharaka Nithi by the county health department during the financial year 2014/15.

Investigations revealed that the project was allocated Sh2 million in the supplementary budget and not the alleged Sh9 million.

Further investigations confirmed that the procurement processes were adhered to, and the project was completed and inspected.

A report was compiled and forwarded to the DPP on April 11, recommending that the file be closed for lack of sufficient evidence.

On May 15, the DPP concurred with the recommendation to close the file.

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