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Now Tobiko orders closure of Eurobond saga probe file

NAIROBI
By Cyrus Ombati | June 2nd 2016

Director of Public Prosecutions Keriako Tobiko has agreed to close the Sh250 billion Eurobond saga file.

This comes following recommendations by the Ethics and Anti-Corruption Commission (EACC) that the file be closed for lack of any evidence of criminal culpability on the part of any Government official.

Tobiko also agreed to refer to the Auditor General for a special audit the utilisation of funds on development projects implemented by ministries during the financial years 2013/2014 and 2014/2015.

“In the premises and as matters stand now, there is no evidence which prosecution may ensue,” said Tobiko on Tuesday.

EXPLAIN GAPS

EACC sent the investigation file on May 12, more than four months after Tobiko refused to close the investigative file until the anti-graft agency explained some gaps in their report. Tobiko said in January he had perused the investigative report and was unable to make a decision because some information was 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 on January 22.

EACC had on January 8 submitted the file to the DPP with similar recommendations.

Tobiko did not say exactly what the nature of the missing information was.

FORENSIC AUDIT

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.

The Auditor General is re-looking at the expenditure of the Eurobond billions. The Opposition maintains that at least Sh100 billion of the money never came into the country. 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 explanation.

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 Treasury to make public the signatories of offshore accounts operated by the ministry.

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