EACC shifts blame of ‘bungled’ NYS Sh791 million probe on CID

FROM LEFT: EACC commissioner Rose Nghoi, Vice Chair Sophia Lepuchirit and Chairman Philip Kinisu address the Press on the NYS probe at Integrity Centre in Nairobi, yesterday. [PHOTO: EDWARD KIPLIMO/ STANDARD

NAIROBI: The anti-graft agency has shifted blame to CID following public backlash on the shambolic probe into the Sh791 million NYS scandal.

The Ethics and Anti-Corruption Commission (EACC) Chairman Philip Kinisu explained that the commission and the CID were simultaneously investigating different aspects of the scandal, but did not share information.

But CID officers who sought anonymity said the outcome of their probe was in the public domain and 11 suspects are facing prosecution.

The detectives said former Devolution Cabinet Secretary Ann Waiguru was a witness in their investigations and accused EACC of shifting blame. “EACC cannot claim they were not aware of our investigations,” said the officer.

This came after a suspect in the NYS scandal Josephine Kabura claimed in an affidavit filed at the High Court that Ms Waiguru asked the head of Banking Fraud Investigations Department Director Joseph Mugwanja to intervene   in the matter.

“Waiguru expressed her desire to assist Mugwanja become the Director of CID in future as show of gratitude,” read the affidavit in part.
Mr Kinisu, however, said it was wrong to blame the EACC for clearing the former CS of any wrong doing in the loss of the Sh791 million.

The commission announced that it has received investigation files from the CID over the matter and was corroborating information from the files with data from Ms Kabura’s affidavit with view of pressing charges against Waiguru should she be found culpable. “We have received files from the CID. The files have good information that has opened new avenues for investigations which had we been aware of we would have investigated,” said the chairman.

“We will take available information from the files together with information that has emerged from the affidavit and I am sure that from this we shall make a conclusive probe on the matter,” he added.

Recently, EACC cleared Waiguru of any wrongdoing in the multi-million shilling theft only to take an about-turn after an explosive affidavit by Kabura putting the embattled former CS at the centre of the theft.

This caused a public outcry with MPs Alfred Keter (Nandi Hills) and Peter Kaluma (Homa Bay) calling for the resignation of EACC secretariat over “brazen attempt at cover up of open theft”.

MANAGEMENT ISSUES

But yesterday, Mr Kinisu clarified that EACC investigated management issues at the institution and not the involvement of the beleaguered former CS in the Sh791 million loss.

“There were four cases referred here from NYS dealing with the management of the institution. Those cases were investigated and it was found that they were management issues and much as they led to the prosecution of a number individuals they did not implicate the individual who was later to be cleared,” he said.

The agency further said it was at advanced stages of investigations into the allegations that directors of printing firm Smith & Ouzman paid out bribes totaling Sh59 million to the country’s electoral and examination officials.