20 governors under probe say EACC wants Mutua and Wambora charged

Ethics and Anti-Corruption Commission Chief Executive Officer Halakhe Waqo when he appeared before National assembly Justice and Legal Affairs committee defending their budget for the financial year 2015 at parliament buildings on 13/05/15. [PHOTO/GOVEDI ASUTSA/STANDARD]

The Ethics and Anti-Corruption Commission (EACC) has recommended the prosecution of two governors, who are among 20 under probe in the ongoing purge on corruption.

The commission has also indicated that it will be through with its investigations on the 175 individuals named in the confidential graft list submitted by President Uhuru Kenyatta two months ago.

The commission's Chief Executive Officer Halakhe Waqo was yesterday taken to task by the Senate Legal Affairs Committee on the legality of the investigations without substantive commissioners. All the three commissioners have resigned.

Governor Alfred Mutua (Machakos) and Martin Wambora (Embu) are the first county bosses that the anti-graft body wants to be charged in court over breach of procurement laws.

Waqo said more than 70 per cent of the cases already arraigned in court involve counties and the commission had issued circulars to affected counties directing that those charged be suspended immediately.

"We are investigating corruption cases in 24 counties, including 20 governors. By December, since many cases are from counties, it might extend to all the 47 counties," said Waqo.

The CEO said despite their recommendation for Governor Mutua to be charged alongside eight of his county government officials over the fraudulent purchase of Subaru Outburk, he had obtained a restraining order.

"The governor was supposed to appear in court last week but unfortunately his order is still active. The eight officials are being arraigned in court today to answer to various charges," said Waqo.

He disclosed that Governor Wambora and his executive team had been under probe even before his impeachment was initiated at the assembly.

"We have recommended the prosecution of the governor, his officials, including the sacked county secretary," said Waqo, who was responding to senators concerns that the governor was still in office despite two impeachments being upheld by the Senate.

The CEO declined to give a status report on the 13 governors who were named in the list of shame, only assuring senators that the cases are still progressing.

"We are already working on 124 cases. We have forwarded 60 files to the DPP and additional 25 will be sent to him for direction. We are going to forward 10 more," revealed Waqo.

Senators Stephen Sang (vice chair-committee), Mutula Kilonzo Junior (Makueni), Hassan Omar (Mombasa), Kembi Gitura (Murang'a) and Fatuma Dullo (nominated) grilled Waqo on measures to deter corrupt activities in counties and EACC investigators from being compromised.