Director of Public Prosecutions Keriako Tobiko punches holes in EACC probe on Eurobond, demands answers

The Director of Public Prosecutions Keriako Tobiko has for refused to close the investigative file in the Sh250 billion Eurobond scandal until the anti-graft agency explains “some” gaps in their report. Mr Tobiko, who got the report of the Ethics and Anti-Corruption Commission (EACC) nearly a fortnight ago, said last evening that he had perused the investigative report and was unable to make a decision because some information is 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 in a brief to newsrooms.

The DPP said he had summoned investigating officers from the EACC and from the Directorate of Criminal Investigations (DCI) yesterday to give the answers, but they had failed to answer satisfactorily, and thus, he ordered them to go back, look at the files and provide missing information. Tobiko did not say exactly what the nature of the missing information is. “EACC/DCI team will address these areas and provide the requested clarification and/or additional information requested and resubmit the file within 14 working days,” said Tobiko.

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.

Tobiko’s verdict comes within the week that the parliamentary watchdog committee – the Public Accounts Committee - said it will have to use the Auditor General to re-look 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 will this month begin investigations into the Eurobond saga.

The committee revealed that it had asked Auditor General Edward Ouko to prepare special reports on the issue and that of the Sh791 million National Youth Service one with a view to using the dossiers as a basis for any further investigations.