EACC defends its role in investigating IEBC Chickengate scandal

The anti-corruption agency has denied claims that it failed to prosecute individuals linked to the 'Chickengate' scandal.

In a quarterly report, the Ethics and Anti-Corruption Commission (EACC) yesterday said it had recommended that those found culpable be prosecuted.

The report tabled in the National Assembly, for the period running from July 1 to September 30, last year, said the Director of Public Prosecutions (DPP) however directed that further investigations be carried out.

The case is among those listed by EACC vice chairperson Sophia Lepuchirit and the chief executive officer Halakhe Waqo in their status report for the third quarter of 2016, where the commission says 33 files were forwarded to the DPP.

UK COMPANY

On the Chickengate scandal, the commission said it had found improprieties in the manner in which the defunct electoral commission contracted United Kingdom company, Smith and Ouzman, for supply of electoral materials at inflated prices after paying bribes amounting to Sh46 million.

The commission said it had recommended that the defunct electoral body's former chief executive officer be charged with failing to comply with the law on procurement.

Also recommended for prosecution was "a person known to the then CEO, who was to be charged with soliciting and receiving a bribe and the then senior procurement officer at the electoral agency", after it found that the direct procurement method applied for the tender did not have the backing of the law.

EACC says it had made these recommendations in a file forwarded to the DPP on July 19.

"On September 5, the DPP returned the file for further investigations," it added.

 FEASIBILITY STUDY

Within the same period, EACC told Parliament that it had inquired into allegations of misappropriation of a Sh700 million grant meant for carrying out a feasibility study of the Standard Gauge Railway between Mombasa-Nairobi-Malaba/Kisumu.

However, the commission recommended the closure of the file after it established that the money was not misappropriated.

EACC says their investigations established that Sh415,958,560, which was claimed to have been misappropriated, was used to pay off claims submitted by the concessionaire in respect of damage caused by the railway line as per the agreement.

The report further says that by July 14, when they forwarded their investigations file to the DPP, Kenya Railways Corporation was holding the balance of Sh279,875,283 in its pool account.