Ethics and Anti-Corruption Commission, DPP Tobiko lock horns over corruption files

DPP Keriako Tobiko

Investigating agencies were locked in a row yesterday, with only six days to the 60-day ultimatum by President Uhuru Kenyatta for conclusion of probes against top officials implicated in corruption.

EACC is investigating 175 cases that were listed in the report presented to Parliament in March. At the time, President Kenyatta directed officials named in a list of shame to step aside, and demanded that the investigating authority ensures that Director of Public Prosecutions (DPP) Keriako Tobiko receives the subject files without delay.

Yesterday, however, EACC and the DPP clashed on the status of investigations, casting a dark shadow on the war against graft beset by apprehension, especially after all the three commissioners were forced to resign as high profile investigations began.

EACC Chief Executive Officer Halakhe Waqo touched off the storm after announcing the commission had forwarded 30 files, among them those concerning the suspended Cabinet and principal secretaries, to the DPP.

Waqo, who gave the President the list of officials implicated in graft, said in Mombasa that the fate of half of the Cabinet secretaries and principal secretaries under investigation for corruption now lies with the DPP.

“We have completed investigations on 30 files and handed them to the DPP. Half of the names of the CSs and PSs under investigation are among those whose fates are now with the DPP and we have not cleared any of them,” said Waqo.

He added that investigators were currently compiling the remaining 35 files for probes that extend overseas.


Waqo was categorical that the commission “had not cleared any CS or PS” over corruption allegations, and that he expects the DPP to deal with their files any time soon.

But the DPP yesterday differed with EACC’s position, saying he had only received at least 15 files by yesterday.

Tobiko said he had received 14 files by Friday last week and so far has acted on 11. He explained he had received the 15th file yesterday morning and was waiting for more.

The DPP also said he had not received any file on the five suspended CSs and PSs or other senior government officials.

“I have not and I repeat that I have not seen a file on the CSs and PSs and other top officials mentioned, unless they are on the way here,” Tobiko told The Standard.

“Of all the files that have been forwarded to me, I have acted on them and they are public. The ones that are awaiting my action include that of Machakos and Turkana counties and one on Kenya Meat Commission on allegations of withdrawal of money from a bank,” he added.

But last night the two officials issued a joint statement on the status of investigations. The statement indicated that investigations touching on Cabinet secretaries and principal secretaries were ongoing. “Investigations are in the tail end of finalisation and will be submitted to the DPP in due course for consideration.”

But sources allege that some of the files, especially those touching on CSs and PSs had been referred to the Office of the President, with reports that the Head of State wanted to use them to inform his planned reshuffle.

“The President has been eagerly awaiting these files to use them as a basis of dropping some of those suspended and reinstate those clear if any at all,” the source said, suggesting that EACC seems to have pinned down three out of the five CSs for prosecution.


On Friday, the commission sent back a file on suspended Kenyan Ambassador to Tanzania Chirau Mwakwere, with a recommendation that it be closed for lack of evidence.

Yesterday, Waqo expressed fear that some of the politicians under probe were fighting back, including intimidating EACC.

“We will be through with our work and as investigators, we have recommended charges that should be preferred against each individual. The work now is with the DPP,” he said.

He said the team working on the files will beat the 60-day time-frame, adding that the prosecution will on Friday review whether it will start recommending the charging of suspects next week.

The EACC boss said the resignation of the three EACC commissioners, including chairman Mumo Matemu, had not affected the investigations.

He said the investigation was carried out in collaboration with officers from the DPP’s office but maintained that EACC’s independence was not affected by their presence.