Director of Public Prosecutions Tobiko approves prosecution of Wa Iria, 2 MPs

Murang’a Governor Mwangi Wa Iria will be the first county chief to be prosecuted after the Director of Public Prosecutions (DPP) consented to recommendations by Ethics and Anti-Corruption Commission (EACC).

Nandi Hills Member of Parliament Alfred Keter and nominated MP Sonia Birdi will also face the court for allegedly issuing threats to officials manning the Gilgil Weighbridge early this year.

The two legislators also risk losing their seats after EACC was directed to refer the matter to the National Assembly for disciplinary action and initiate appropriate mechanisms for their removal from office.

DPP Keriako Tobiko also directed that top officials at the Kisumu County be arrested and prosecuted for irregularly contracting an agent at Sh15.4 million to facilitate trips for 70 MCAs and county staff to Singapore, Israel and China.

The County Assembly Speaker Ann Adul, Leader of Minority Eddy Anayo and clerk Nelco Sagwe were arrested by EACC officials yesterday over graft claims and are expected in court this morning.

Wa Iria is accused of swearing a false declaration in a self-declaration form set out in the first schedule under the Leadership and Integrity Act 2012 and submitted it to Independent Electoral and Boundaries Commission (IEBC) on December 11, 2012.

Tobiko said the files are among 10 he received from EACC. He said he had acted on seven so far while three, including that of investigations into the purchase of the Kilifi Governor’s residence at Sh168 million and alleged financial impropriety at the National Police Service Commission, were awaiting his decision.

A file on investigations into alleged corruption at the Youth Enterprise Fund is also waiting the DPP’s action.

The files are the second batch to be acted on in the “list of shame” that was tabled in Parliament by the President more than a month ago.

President Uhuru Kenyatta gave EACC a 60-day ultimatum to investigate those named in the report.

The first batch of files included the case in which senior employees of Nairobi County Government have been charged over alleged corruption.

When Wa Iria was arrested in March by EACC officials, he was accused of “lying” to IEBC so as to be cleared to contest for governorship.

He allegedly indicated that he had never been convicted of any offence and sentenced to serve imprisonment for a period of at least six years, although he had earlier been fined Sh400,000 after he was convicted of issuing a Sh200,000 bouncing cheque.

But his lawyer John Ng’ang’a argued that the matter had already been dispensed with by High Court Judge Isaac Lenaola who dismissed a case in which some voters in Murang'a had attempted to block his bid for the sit.

“The Judge ruled in our favour and dismissed the matter. That is how he became a governor,” said Ng'ang'a.

Keter and Birdi caused a stir when they stormed the Gilgil weighbridge station in January.

Keter accused officials at the station of ignoring telephone calls from senior government officials as he demanded the release of a lorry that had been detained for allegedly exceeding set axle-load limit and lacking requisite papers.

EACC says the incident at the Gilgil weighbridge bordered on criminality and has recommended that they be sanctioned for violating Chapter Six of the Integrity Act.

Meanwhile DPP directed EACC to continue with investigations against suspended managing trustee of National Social Security Fund (NSSF) Richard Langat over allegations of procurement irregularity during the awarding of a Sh244.8 million tender for the design, supply, installation and commissioning of appropriate electronic surveillance system - Closed Circuit Television (CCTV) and Restricted Access Control Systems to Micro City Computers Ltd at NSSF.

EACC had recommended that the file be closed for lack of evidence but the DPP rejected the proposal.

Garissa Deputy County commissioner and clerk will also be arrested and charged for allegedly misappropriating relief food meant for the need and vulnerable people in the area.

A bulk of the files touching on 175 cases are still in the hands of EACC.

Of these, the EACC detectives have grilled five Cabinet Secretaries (CSs), four principal secretaries, two senators, 12 governors and 11 other senior government officials, including heads of parastatals.

EACC is also questioning at least 55 MPs from the disbanded National Assembly’s Public Accounts Committee and Agriculture Committee over corruption claims.