DPP tells off leaders over Raila remark

Task force investigating Sheikh Aboud Rogo's death chairman Job Ondari (right) when he handed over the report to Director of Public prosecution Keriako Tobiko on August 26, 2013 in Nairobi. Mr Tobiko said he will not act on “political rallies ultimatums” to prosecute former Prime Minister Raila Odinga over his claims that the military rigged the March 4, 2013 elections. PHOTO | FILE  NATION MEDIA GROUP

In Summary

• The DPP while reacting to an ultimatum by Kiharu MP Irungu Kang’ata, who has given him 14 days to prosecute Mr Odinga, said his office would not act on demands issued during political rallies but on official complaints
• At the same time, Mr Tobiko said he was ready to prosecute government officials accused of embezzling funds earmarked for persons with disabilities as soon as he receives recommendations from the anti-graft body.

By Nation Reporter
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The Director of Public Prosecutions will not act on “political rallies ultimatums” to prosecute former Prime Minister Raila Odinga over his claims that the military rigged the March 4, 2013, elections.

According to Mr Tobiko, any person who was aggrieved by the former PM’s utterances, must first file a complaint with his office or with the police for any action to be taken.

The DPP while reacting to an ultimatum by Kiharu MP Irungu Kang’ata, who has given him 14 days to prosecute Mr Odinga, said his office would not act on demands issued during political rallies but on official complaints.

“My office is independent and does not act on ultimatums issued at political rallies or barazas,” Mr Tobiko said.

He added that he was yet to receive any official complaint.

The MP on Saturday demanded that Mr Tobiko prosecutes Mr Odinga over his claims that the military aided the Jubilee government to rig elections.

He warned that should the two-weeks period elapse before the DPP files criminal charges against the ODM leader, then he would move to court and personally initiate prosecution.

Speaking at Mugoiri in Murang’a County, the MP said the former PM’s rigging claims were dangerous and could cause chaos.

Mr Odinga has come under fire from a section of Jubilee affiliated politicians after he made the military rigging claims while at a political rally in Kisumu last weekend.

The DPP said, “if any person is aggrieved by the alleged utterances by Hon. Raila Odinga, he or she should file a complaint either with the Police or with his (DPP) Office and the same shall be acted upon in accordance with the law”.

At the same time, Mr Tobiko said he was ready to prosecute government officials accused of embezzling funds earmarked for persons with disabilities as soon as he receives recommendations from the anti-graft body.

He said he had already sent to the anti-corruption commission copies of Audit Reports by the Inspectorate of State Corporations into graft claims at the National Council for Persons with Disabilities (NCPWD) and National Social Security Fund (NSSF).

“The DPP perused the reports and forwarded the same to the Ethics and Anti-Corruption Commission on December 30, 2013 to analyze, undertake investigations and submit to his Office a report on the claims,” said Mr Tobiko in a statement.

“On 8 January 8, 2014, the DPP received a confirmation from the EACC that they were set to commence investigations, where upon they would submit a report and recommendations to him.

Upon receipt of EACC’s report and recommendations, the DPP will review the same and act appropriately in accordance with the law,” he added.