Ethics and Anti-Corruption Commission (EACC) hands over Eurobond file again

EACC Chairman Philip Kinisu. The anti-graft agency has handed over the Eurobond file again and maintained that there is no evidence of criminal culpability of any Government official in the Eurobond saga. (PHOTO: COURTESY)

The anti-graft agency has maintained that there is no evidence of criminal culpability of any Government official in the Eurobond saga.

At the same time the Office of the Controller of Budget has clarified that the proceeds from the Eurobond were captured in its reports.

Ethics and Anti-Corruption Commission (EACC) Chairman Philip Kinisu and Chief Executive Officer Halakhe Waqo resubmitted a file to the Director of Public Prosecutions (DPP) reiterating their earlier recommendations that the file be closed for lack of evidence.

It further recommended that the matter be referred to the Auditor General for a special audit on the utilisation of funds on the development projects implemented by the ministries during the 2013-2014 and 2014-2015 financial years.

DPP Keriako Tobiko yesterday said he would independently review the file and make a decision.

The sending of the file to the DPP came more than four months after Mr Tobiko refused to close the investigative file in the Sh250 billion Eurobond scandal until the anti-graft agency explained "some" gaps in their report. Tobiko said in January he had perused the investigative report and was unable to make a decision because some information was missing.

"In the course of reviewing the file, (my officers) noted some crucial areas that require clarification and/or additional information before a definitive decision can be made on this matter," he said on January 22.

Tobiko did not specify the nature of the missing information. EACC had on January 8 submitted the file to the DPP with similar recommendations. 

Controller of Budget Agnes Odhiambo said her office had never contradicted their own statements, insisting that the Sh88 billion ($1 billion) was captured in the annual national government budget implementation review report for the 2014-15 financial year issued in August last year.

Contradictory statements

"My attention has now been drawn to articles appearing in sections of the local dailies on May 9 and 10, 2016 alleging that I have made contradictory statements regarding the Eurobond and that $1 billion (Sh88 billion) was not paid into the Consolidated Fund as at June 30, 2015," Mrs Odhiambo said.

"I therefore, wish to clarify that the above amount was transferred into the Consolidated Fund (National Exchequer Account) in tranches from the Sovereign Bond Proceeds Account."