DPP rejected move to clear CS Balala of Sh80m bribe claim

A corruption report brought to the House by the Director of Public Prosecutions (DPP) reveals that the Ethics and Anti-corruption Commission (EACC) was ordered to re-investigate Mining Cabinet Secretary Najib Balala on allegations of soliciting a Sh80 million bribe.

DPP Keriako Tobiko said he ordered a fresh probe after he found "gaps and deficiencies" in the report.

According to the DPP, the complaint received by the EACC had indicated that Mr Balala had solicited the bribe from the officials of a mining company.

Balala is said to have threatened the company that should it fail to comply, its mining license would be revoked.

"The investigation report forwarded to the DPP on July 8, 2014 recommended that the file be closed with no further action. Upon perusal of the file, the DPP found gaps and deficiencies and returned the file with directions that further investigations be carried out in the identified areas," the DPP told the House in his report.

The case is listed as EACC/INQ/NO/15/2013. It is not clear why Balala's case was not listed among those under investigation in the March 26 dossier that President Uhuru Kenyatta tabled in the House.

Five of Balala's Cabinet colleagues are on suspension over various allegations of corruption contained in the President's report.

Those on suspension are Charity Ngilu (Lands), Felix Koskei (Agriculture), Kazungu Kambi (Labour), Michael Kamau (Infrastructure) and Davis Chirchir (Energy). The cases facing the five are at various stages of investigation.

Mr Tobiko in his report further revealed that he had raised queries over Sh18 billion related to four Anglo-Leasing contracts that had allegedly been misappropriated at the Office of the President, the police department and the meteorological department.

According to the report, which covers the period between January 1, 2014 and December 31, 2014, the DPP received 73 files for investigation.

The office then directed that 49 cases be prosecuted. 11 files were recommended for further investigation.

Other files mentioned in the report are those of 'small fish'.