DPP Keriako Tobiko now orders the closure of Eurobond file and matter be referred to Auditor General for audit

The Director of Public Prosecutions Keriako Tobiko has agreed to close the Sh250 billion Eurobond saga file because there is no evidence of criminal culpability of any Government official.

Director of Public Prosecutions Keriako Tobiko. He has agreed to close the Sh250 billion Eurobond saga file because there is no evidence of criminal culpability of any Government official. (PHOTO: FILE/ STANDARD)

Tobiko also agreed to refer to the Auditor General for a special audit on the utilisation of funds on the development projects implemented by the ministries during the financial years 2013/2014 and 2014/2015.
This follows the recommendations by the Ethics and Anti-Corruption Commission that the file be closed for lack of any evidence of criminal culpability on the part of any government official.

"In the premises and as matters stand now, there is no evidence which prosecution may ensue," said Tobiko.
EACC sent the probe file on May 12 more than four months after Tobiko refused to close the investigative file in the Sh250 billion Eurobond scandal until the anti-graft agency explained "some" gaps in their report.

Mr 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," said Tobiko on January 22.

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

In its January 8 report, EACC cleared the National Treasury's chiefs and asked Tobiko to order a thorough forensic audit on all projects in the ministries to find out how the money was used, and if the country got value for money.
The EACC had also wanted the case closed.

The EACC, according to investigators from the commission and from the DCI, had followed the money from the Consolidated Fund to the ministries, but there were doubts on how some money was spent – that is why they asked the Auditor General to step in.

The Auditor General is re-looking at the expenditure of the Eurobond billions. The Opposition maintains that at least Sh100 billion of the money never came into the country. The Eurobond saga is a hot-button political issue, with top questions being how the money was used, on what projects and if the projects will spur economic development.
The worry for the Government is that it may claim top officials of the National Treasury, if it is established that the Government used the money on the recurrent budget.

The law requires borrowed money to be used on development projects. Opposition leaders have been making the claims and have since written to various agencies for explanations. Led by CORD leaders Raila Odinga, Kalonzo Musyoka and Moses Wetang'ula, they have been demanding an explanation on how the proceeds have been used and the projects funded.

CORD also wants the National Treasury to make public the signatories of offshore accounts operated by the ministry. Parliament's Public Accounts Committee has said it has started investigations into the Eurobond saga.