DPP returns 14 out of 27 files to EACC for further investigation

Integrity Centre

Integrity Centre that hosts Ethics and Anti-Corruption Commission (EACC) offices in Nairobi.

Photo credit: File | Nation Media Group

The Director of Public Prosecutions has given the go-ahead to prosecute individuals named in seven of the 27 files submitted by the Ethics and Anti-Corruption Commission (EACC) and returned 14 of them for further investigation, a new report has revealed.

The 27 files were part of those submitted to the DPP on alleged corruption and misappropriation of public funds for the three-month period ending December 2023 and forwarded to DPP Renson Ingonga for action.

The DPP's office also recommended the closure of three files and gave his approval for the prosecution of persons under investigation in seven files for various offences.

The notice also indicated that the EACC was awaiting Mr Ingonga's advice on three files referred to him.

Among the cases being investigated by the EACC are allegations against former Kakamega Governor Wycliffe Oparanya, and allegations of conflict of interest and receiving a benefit in the purchase of a property owned by him.

And although the DPP agreed with the EACC's recommendations for prosecution, Mr Oparanya is yet to be prosecuted because the former governor obtained an injunction from the anti-graft body at the Siaya High Court, preventing his arrest and prosecution.

"The commission conducted further investigations and resubmitted the file to the DPP on 4 December 2023. On 18 December 2023, the DPP returned the file and agreed with the Commission's recommendations for prosecution," the notice said.

The EACC had recommended that Mr Oparanya be charged with 11 counts of conflict of interest contrary to Section 42(3) read with Section 48 of the Anti-Corruption and Economic Crimes Act, abuse of office, among others.

Another case involves allegations of misappropriation of public funds against the Taita Taveta County Clerk and Deputy Speaker for processing payment of Sh7 million for 21 MCAs and staff without following proper guidelines for a trip to Zanzibar in November 2022.

The report states that investigations revealed that some delegates had been paid excessive per diems to which they were not entitled because accommodation had been provided, while others had been paid but had not travelled for various reasons.  The report

The Commission also investigated allegations of procurement irregularities and misappropriation of public funds amounting to Sh51.3 million in Embakasi North Constituency.

Investigations allegedly revealed that the constituency had awarded various tenders to four companies linked by a conflict of interest. However, the DPP referred the case back to the EACC for further investigation.

Other cases involve alleged irregular tendering at the Bomas of Kenya, the Bura water supply by Coast Water Services, misappropriation of public funds by Turkana County Assembly, forgery of academic papers by public officials and bribery.

The EACC is mandated to prepare quarterly reports indicating the number of reports made to the DPP under sections 35 and 36 of the Anti-Corruption and Economic Crimes Act and such other statistical information relating to the reports as the Commission may deem appropriate.

The quarterly report must indicate whether or not the EACC's recommendation to prosecute a person for corruption or economic crime has been accepted and the Attorney General must provide a copy of each quarterly report to Parliament.