NAIROBI: A suspended Cabinet secretary, a governor and an aide of former Prime Minister Raila Odinga are not out of the woods yet over corruption claims detailed in a report President Uhuru Kenyatta submitted to Parliament in March.
Although the Ethics and Anti-Corruption Commission (EACC) had cleared them, the Director of Public Prosecutions (DPP) has declined to close the files and directed further investigations into the claims against suspended Energy Cabinet Secretary Davis Chirchir, Mombasa Governor Hassan Joho and Caroli Omondi, who served as Raila's chief of staff during his tenure as premier.
The DPP also ordered Director of Criminal Investigations Ndegwa Muhoro to arrest and grill former Nairobi Mayor George Aladwa for utterances he made during an Orange Democratic Movement rally on Mashujaa Day in Kibra, Nairobi.
Deputy President William Ruto's United Republican Party (URP) has been pushing for the reappointment of suspended CSs, including Chirchir and Agriculture's Felix Koskei. But the claim that Chirchir – alongside Kenya Power Managing Director Ben Chumo – fraudulently obtained Sh90 million that mysteriously disappeared from Kenya Power bank accounts is likely to dampen any hopes of a quick return to Cabinet.
The decision is also likely to mute the the chorus of URP MPs agitating for Chirchir's reinstatement. Chirchir is a close ally of the deputy president and was the Jubilee coalition's chief agent at the national tallying centre during the March 2013 elections.
Although EACC had recommended closure of the file, citing lack of evidence to sustain the claim that Chirchir and Chumo benefited from the money allegedly transferred from Kenya Pipeline Corporation to Kenya Power, the DPP noted that crucial evidence was not in the file.
Governor Joho, an ally of Raila who recently declared he was in ODM to stay, is also not off the hook over claims of irregular allocation of Mwembe Tayari public market.
The DPP directed the allegations that Joho allocated the market to private owners be probed further and the file resubmitted to him for a decision on whether he will be charged or not.
EACC had investigated the allegations and recommended closure of Joho's file for lack of evidence. Also accused together with Joho are Mohammed Abdulla Zubedi and Abdulhakim Zubedi.
"Upon review of the case, the DPP noted a number of critical areas that need to be covered before a final decision can be made. The DPP therefore directed EACC to have the areas covered and upon conclusion, the file re-submited," said the press statement signed by Beatrice Omari, a senior assistant director of public communications in the DPP's office.
On Omondi, the DPP ordered further investigations on allegations of acquisition of land belonging to the Kenya Commercial Bank and the file resubmitted to his office. EACC had recommended closure of the case for lack of evidence to sustain charges against Omondi.
"Having reviewed the file, the DPP noted a number of critical issues that need to be addressed before a final decision can be made," said the DPP.
Aladwa, who is also the ODM's Nairobi County branch chairman, found himself in trouble with the DPP after a video of him allegedly inciting a charged crowd in Nairobi's Kibra emerged.
In a letter to Muhuro, Tobiko wrote: "This is to direct that you cause Aladwa to be immediately interrogated and speedy investigations conducted into the offensive utterances and the resultant inquiry file forwarded to my office for appropriate action."
The video circulating on social media shows Aladwa telling a crowd in Kibra that for opposition leader Raila Odinga to be President, violent conflict may be necessary.
The DPP recommended prosecution of Elgeyo Marakwet County Assembly Speaker Albert Kochei over allegations that he took allowances for a trip to the United States that he never undertook. The DPP said there is enough evidence for prosecution.
The DPP also recommended administrative action against former Managing Trustee Alex Kazongo over alleged irregularities in awarding a Sh244.8 million tender for installation of an electronic surveillance system.
The DPP closed investigation files against National Water and Pipeline Corporation CEO Evans Ngibuini over alleged improprities in a Sh413.5 million tender for construction of Muruny/Siyoi Dam in West Pokot.
Another investigation regarding Sh13.7 million for the supply of furniture to the Nyeri County Assembly was also terminated after it was found to be above board.
