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. 1 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 2
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