PRESS STATEMENT - Director of Public Prosecutions

OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS
PRESS STATEMENT
ETHICS AND ANTI-CORRUPTION COMMISSION (EACC) REPORT ON ONGOING INVESTIGATIONS ON
CORRUPTION AGAINST CERTAIN PUBLIC OFFICERS REFERRED TO IN THE PRESIDENTIAL ADDRESS IN
PARLIAMENT ON 26TH MARCH, 2015
I wish to confirm that I have today received the following 5 (Five) files from EACC with recommendations
as shown below.
NAME
1. Felix Koskei
Cabinet Secretary (CS),
Ministry of Agriculture,
Livestock and Fisheries
2. Michael Kamau
Cabinet Secretary (CS),
Ministry of Transport and
Infrastructure
3. Davis Chirchir & Mike
Mbuvi Sonko;
Cabinet Secretary (CS),
Ministry of Energy and
Nairobi Senator
respectively
4. Samuel K. Tunai ;
Lenku Seki Kanar;
Charles Gitau Ngugi;
Governor &
Narok County Officials
5. Alex Kyalo Mutuku & 7
others
Makueni County officials
DESCRIPTION
EACC/FI/INQ/61/2015
Inquiry into allegations of irregular award of
secret allocation of permits to import sugar
against the CS.
EACC/FI/INQ/40/2015
Inquiry into allegations of irregular contract
award to Landmark Clearing and Forwarding
Company by the CS
EACC/FI/INQ/45/2015
Inquiry into allegations of corruption against
the CS and Senator in a tender award at the
Kenya Pipeline Company.
EACC Recommendation
EACC recommends that the file be
closed for lack of evidence
EACC recommends that the file be
closed for lack of evidence
EACC recommends that the file be
closed for lack of evidence
EACC/FI/INQ/52/2015
EACC recommends that the file be
Inquiry into allegations of human resource closed for lack of evidence
management and procurement irregularities in
the Narok County Government
EACC./FI/INQ/234/2014
EACC recommends that the County
Inquiry into allegations of use of funds officials be charged with various
exceeding approved budget by the County criminal offences
Assembly against the Makueni County
Governor and his Executive Committee
The above files shall be independently reviewed and a decision thereon made shortly.
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As an Office we have been and continue to be most transparent. Whenever we have received files from
EACC, we have issued a public statement through media releases indicating the particulars of the case,
EACC’s recommendations and the date received. Further, upon independent review of the files, we
have in the same manner informed the public of our decision, whether or not to prosecute.
The following table provides a statistical summary of matters received to date, excluding the abovementioned 5 (Five) files, from EACC:
Total no. of files received
28
Total no. of files acted on by DPP
28
No. of files where EACC recommended closure and DPP accepted
6
No. of files where EACC recommended closure and DPP ordered
administrative action
No. of files where EACC recommended closure and DPP ordered further
investigations
No. of files where EACC recommended prosecution and DPP accepted
1
1
17
No. of files where EACC recommended prosecution and DPP ordered
administrative action
No. of files where EACC recommended prosecution and DPP declined
1
2
No. of persons approved for prosecution
74
As the DPP, I make my decisions based solely on evidence, facts and the law and in accordance with
Article 157 of the Constitution and the Office of the Director of Public Prosecutions Act, 2013. My
decisions are made without regard to political, ethnic or other external considerations.
As the DPP/ODPP, our fidelity is and shall remain to the Constitution and the law.
Dated 5th June, 2015
KERIAKO TOBIKO CBS, SC
DIRECTOR OF PUBLIC PROSECUTIONS
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