Keriako Tobiko wants CS Michael Kamau charged with graft

Labour Cabinet Secretary Kazungu Kambi addresses the press at his office in Nairobi on November 6, 2014. Director of Public Prosecutions Keriako Tobiko on May 28, 2015 cleared him of abuse of office charges. FILE PHOTO | BILLY MUTAI |   NATION MEDIA GROUP.

In Summary

• Mr Tobiko rejected a recommendation by the Ethics and Anti-Corruption Commission to charge Mr Kambi with abuse of office, citing lack of sufficient evidence.
• Mr Kambi becomes the third Cabinet secretary to be cleared of allegations of corruption and abuse of office after Ms Charity Ngilu (Lands) and Mr Felix Koskei (Agriculture) were let off the hook on Monday. 
• The wheels of luck refused to turn for Transport Cabinet Secretary Michael Kamau after the DPP accepted EACC’s recommendation to charge him with abuse of office.

By PETER LEFTIE
More by this Author

Labour Cabinet Secretary Kazungu Kambi is a free man after Director of Public Prosecutions Keriako Tobiko cleared him of abuse of office charges on Thursday.

Mr Tobiko rejected a recommendation by the Ethics and Anti-Corruption Commission (EACC) to charge Mr Kambi with abuse of office, citing lack of sufficient evidence.

In a press release, Mr Tobiko stated: “EACC recommendation to charge not accepted. DPP not satisfied on sufficiency of evidence.”

Mr Kambi becomes the third Cabinet secretary to be cleared of allegations of corruption and abuse of office after Ms Charity Ngilu (Lands) and Mr Felix Koskei (Agriculture) were let off the hook on Monday. 

The wheels of luck refused to turn for Transport Cabinet Secretary Michael Kamau after the DPP accepted EACC’s recommendation to charge him with abuse of office.

STREM FROM SCANDAL

The charges stem from a scandal in which a road contractor colluded with the resident engineer and other public servants to alter the original designs of Kamukuywa-Kaptama-Kapsokwony-Kimilili road in Bungoma County without following the laid down procedures leading to massive loss of funds.

The decision to charge Mr Kamau may set the basis for his removal from office.

Mr Kambi had been accused of irregularly appointing Mr Andrew Gichamba Muigai and Ms Veska Jepkemboi Kangongo to the board of the National Social Security Fund (NSSF).

The EACC had recommended that he be charged with abuse of office.

NUMEROUS SUITS

But in his reply, the DPP explained that his decision to clear Mr Kambi had also taken into account the numerous suits and petitions pending before the Employment and Labour Relations Court and the High Court challenging the legality and validity of the appointments.

Mr Tobiko also upheld the anti-corruption agency’s recommendations that Mrs Ngilu's file be closed, and that charges against Mr Koskei be dropped and he be made a prosecution witness.

Mr Koskei had been accused of leasing out land belonging to Kenya Veterinary Vaccine Production Institute (Kevevapi) at Tigoni and ploughing 100 acres where he planted potatoes.

Mr Tobiko also concurred with the EACC that the Kevevapi managing director and the head of supply chain management be charged instead, with Mr Koskei as a witness.

However, Mr Koskei is still being investigated over alleged secret allocation of permits to some sugar importers who, as a result, benefited without going through open tendering.

NGILU UNDER PROBE

The award of the permits also went against procurement laws and the policy under the Comesa rules, his accusers say.

Mrs Ngilu had been accused of colluding with her ministry’s valuers and Mombasa landowner Evanson Waitiki to defraud the government of Sh110 million by inflating the price of Waitiki Farm

The land was to be used to settle squatters.

Mrs Ngilu is, however, still being investigated for alleged fraud concerning a piece of land on State House Crescent.

She is also being investigated on claims that she was among top government officials and politicians involved in the irregular allocation of a 134-acre piece of Karen land belonging to Mr Horatius Da Gama Rose.

Mr Tobiko accepted EACC’s recommendation that Nairobi Senator Gedion Sonko be investigated further by the Directorate of Criminal Investigations over his conduct on the Mtwapa weighbridge in Kilifi County on Boxing Day last year.

SONKO WOES

He also accepted another recommendation by the anti-graft agency that the Senate investigates Mr Sonko’s conduct on the same matter to determine whether he violated Chapter 6 of the Constitution on Integrity.

The EACC is still investigating corruption allegations levelled against Energy Cabinet Secretary Davies Chirchir.

Besides the CSs, the report had also adversely mentioned four principal secretaries.

They, too, were suspended.

They are Mr Mutea Iringo (Defence), Mr Nduva Muli (Transport), Mr Patrick Omutia (Mining) and Mr James Teko (Water).