I have the final word on graft files, Director of Public Prosecution Keriako Tobiko warns suspects

“I have the final word on corruption files forwarded to my office by the Ethics and Anti-Corruption Commission (EACC).” These are the words of Director of Public Prosecution Keriako Tobiko in response to EACC’s recommendation for closure of corruption files against three Cabinet Secretaries, a senator and a governor.

“The files from the EACC shall be independently reviewed and a decision thereon made,” said Tobiko in a signed press statement dated June 5, 2015. Tobiko further told The Standard on Sunday in a telephone interview: “The files are being processed and their fate will be made known within this week.”

Tobiko said so far, 74 people have been cited for prosecution by his office from the 28 files forwarded.

The EACC had on Friday recommended that corruption files on Cabinet Secretaries Felix Koskei, Davis Chirchir and Michael Kamau, as well as Nairobi Senator Mike Sonko and Narok County Governor Samuel Tunai be closed for lack of evidence.

However, the DPP yesterday maintained the final word on whether the files of Koskei, Chirchir, Kamau, Sonko and Tunai would be closed rests with his office and that an independent decision on the files would be made. The import of the DPP’s statement is that the five are not free yet until he makes a decision.

The DPP’s anticipated action would be key in deciding whether Chirchir who headed Energy ministry and Koskei, who was in charge of the Agriculture docket, would return to the Cabinet.

Cleared by EACC

Koskei had earlier been cleared of any wrong doing by EACC over allegations against that he leased out land belonging to Kenya Veterinary Vaccine Production Institute at Tigoni and ploughed 100 acres where he planted potatoes. The EACC wants Kosgei to be a state witness in the same case.

Records provided by the DPP show that EACC and Tobiko’s office have agreed on the closure of six files. The two offices have also agreed on recommendation for the prosecution of 17.

The DPP’s office declined to prosecute two files as recommended by EACC and referred one for administrative action. One file recommended for closure by the EACC was referred for further investigation while another in which the EACC recommended closure was referred for administrative action.

Koskei’s file was to do with an inquiry into allegations of irregular award permits to import sugar, while Chirchir and Sonko faced inquiry into allegations of corruption in a tender award at the Kenya Pipeline Company.

For Kamau, who has already appeared in court for abuse of office, the EACC recommends closure of his file regarding inquiry into allegations of irregular contract award to Landmark Clearing and Forwarding Company.

Governor Tunai and two other Narok County officials have faced inquiry into allegations of human resource management and procurement irregularities. Tobiko has also dismissed accusations by some MPs that he was undermining the war on corruption. Earlier in the week, MPs sensationally accused officials in the DPP’s office and EACC of using ongoing high profile graft investigations to extort bribes.

National Assembly Leader of Majority Aden Duale, a senior figure in the Jubilee administration, and Deputy Leader of Minority Jakoyo Midiwo made the damning claims and demanded the disbandment of EACC, which is without commissioners after office holders were forced out.

Jakoyo, who is the Gem MP, criticised the prosecution of suspended Transport Cabinet Secretary Michael Kamau, alleging the move may not be based on evidence but other considerations, including politics.

But Tobiko, in a signed press statement noted: “As an office, we have been and continue to be most transparent. Whenever we have received files from EACC, we have issued a public statement through media releases indicating the particulars of the case, EACC’s recommendations and the date received.”

The DPP went on: “Further, upon independent review of the files, we have in the same manner informed the public of our decision, whether or not to prosecute.”

He said as the DPP, he makes decisions based solely on evidence, facts and the law and in accordance with Article 157 of the Constitution and the Office of the Director of Public Prosecutions Act, 2013.

“My decisions are made without regard to political, ethnic or other external considerations. Our fidelity is and shall remain to the Constitution and the law,” he said.