Tobiko: Suspended CS Michael Kamau to be charged with abuse of office

**Director of Public Prosecutions Keriako Tobiko**

NAIROBI: Suspended Cabinet Secretary Michael Kamau is set to be charged in court after the Director of Public Prosecutions directed his arrest.

DPP Keriako Tobiko directed the arrest and prosecution of the roads minister with abuse of office charges.

However, Tobiko rejected recommendations by the Ethics and Anti-Corruption Commission to charge labour's Kazungu Kambi, saying his matter is still pending before courts and there was no evidence over the issue.

''DPP not satisfied on sufficiency of evidence. DPP also taken into account the numerous suits and petitions pending before the employments and labour relations court and the High Court challenging the legality and validity of the said appointments,'' said Tobiko.

Tobiko however agreed with the recommendations of the commission that Kamau be charged over the claims.

Tobiko also agreed with the commission's recommendations for the closure of one of the file of lands minister Charity Ngilu.

He also concurred with the commission that there be no charges against agriculture's Felix Koskei and instead, he (Koskei) should be a witness in a case where the managing director of Kenya Veterinary Vaccine Production Institute and supply chain management will be charged.

Tobiko received the files on the four ministers on Monday. He has been studying the evidence thereon until when he made the verdict.

Kambi was facing investigations over irregular appointment of Mr Andre Gichanmba Muigai and Ms Veska Jepkemboi as members of NSSF board.

His case on the Tassia Two scheme is still under investigations.

Kamau's file that was forwarded is the one he is accused of colluding by engineers of Kamukuywa-Kaptama- Kaptama-Kapsokwony- Kimilili Road to alter consultant designs leading to massive embezzlement.

His two other cases involving construction of roads in Garissa and that of the railway are still pending.

Ngilu's case that was closed by EACC is the one in which she is accused of having conspired with Likoni businessman Evanson Waitiki and valuers from her ministry to defraud the Government of Sh110 million over a land in Likoni.

Her other two files on the State House Crescent land and that of Karen are still under probe. This means she cannot go back to office.

Koskei's file that was sent to the DPP is the one in which he is accused of irregularly leasing out of Kenya Veterinary Vaccine Production Institute land in Tigoni area. His other case on the import of sugar is pending.

Sources said suspended Cabinet Secretary Davies Chirchir will have to wait longer as the commission continues with investigations. He could however be the third CS to be charged, the source said.

The DPP also referred Nairobi Senator Mike Sonko's file to the DCI.

EACC recommended the transfer of Sonko's file to the Directorate of Criminal Investigations and disciplinary action by Senate over an incident in which he stormed Mtwapa weighbridge over a detained water tanker.

Sonko was also among others, named in a corruption scandal at the Kenya Pipeline Company involving Energy Cabinet Secretary Davis Chirchir where they are accused of being involved in a raft of corruption deals in the Ministry's tender and procurement process.

Tobiko is studying recommendations on former Kenya Airports Authority Managing Director Stephen Gichuki and staff John Thumbi, Philemon Chamwada and Allan Muturi.

The commission also recommended the closure of the file on the KAA officials for lack of evidence.

Tobiko said the individuals are deemed innocent and entitled to fair trial.

The DPP may reject or accept the recommendations or propose further probe or close investigations on any of the files.

Thursday, Nyeri Governor Nderitu Gachagua was grilled at the commission for hours over claims of misappropriation of funds at the county.

The individuals are among the 175 who were mentioned in the list of shame more than 60 days ago in a list tabled in Parliament by President Kenyatta.

EACC detectives have so far grilled four principle secretaries, two senators, 12 governors, and 11 other senior Government officials who include heads of parastatals.

President Kenyatta gave EACC a 60-day window within which individuals in its report be investigated over corruption claims levelled against them.

A bulk of the files on the 175 cases remains in the hands of EACC.

EACC is also questioning at least 55 MPs belonging to the Public Accounts Committee and Agriculture Committee of the National Assembly over corruption claims.

A multi-agency taskforce comprising persons from DPP, the Directorate of Criminal Investigations (DCI) as well as EACC is handling the cases.

The probe has been causing anxiety among those so far grilled.

EACC CEO Halakhe Waqo has since asked for more time to finish the probe.

"We wish to point out that investigations sometimes take long depending on various factors which include the complexity of their nature, international dimensions from various stakeholders in the retrieval of evidence."