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Five Tunai files closed, but probe to continue

By Cyrus Ombati | June 10th 2015
Director of Public Prosecutions (DPP) Keriako Tobiko

The Director of Public Prosecutions, Keriako Tobiko has cleared Agriculture CS Felix Koskei and Transport CS Michael Kamau but has opted to prosecute Makueni Governor Kivutha Kibwana and his executive committee. Upon further reviewing, the DPP has ordered for more investigations to be conducted against Narok Governor Samuel Tunai and two county officials.

 Felix Koskei has been cleared of the charges brought against him of allocating permits to import sugar to 10 companies. DPP Tobiko closed the file for several reasons, among them the fact that importation of sugar was done by the interim head of the Sugar Directorate and an appointed Regulation and Compliance Sub-committee of the Sugar Directorate. This clears the CS of any involvement in process.

The allegations against the CS Michael Kamau is that he irregularly awarded a contract for clearing and forwarding services to M/S Landmark Clearing and Forwarding Company. Having no evidence to support the allegation, the DPP recommended that Kamau be cleared and his file closed.

The DPP concurred with EACC to also have Energy and Petroleum CS Davis Chirchir and Nairobi City County Senator Mike Mbuvi Sonko cleared of the charges brought against them. The allegation is that the CS and Senator attempted to influence the awarding of the Kenya Pipeline Company (KPC) tender to M/S Sinopec instead of M/Zakhem International Construction Company Ltd., and that the alleged tender was to corruptly yield $15 million to be shared between the two.  

The evidence against CS Chirchir and Senator Mbuvi indicates that the tendering process was proper and done independently and that the tender was awarded to Zakhem International Construction Company and SINOPEC, the company that was allegedly being fronted. Investigations also prove that complaints to the Public Procurement Oversight Authority challenging the tendering process were interrogated and KPC given a go-ahead to proceed with the process.

Governor Samuel Tunai and county officials, Lenku Seki and Charles Gitau were cleared of 5 charges of the 8 brought against them. DPP Tobiko ordered for further investigations to however be conducted on the charges regarding the Mara Triangle Revenue collection, hiring of a helicopter by the County Government and procurement of KAPS as a service provider.

Upon reviewing the accusations independently, the DPP has ordered for the prosecution of  Makueni County Governor, Alex Kyalo and his Executive Committee for allegedly using county funds exceeding the approved budget. 

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