Kenya: 'We won’t meet deadline on graft probe,' says Prosecutor Tobiko

Director of Public Prosecutions (DPP) Keriako Tobiko has ruled out possibility of meeting the 60-day deadline for concluding investigations into the 175 corruption cases. The DPP also says 10 reviewed files, including those of two Cabinet Secretaries, have been withheld by the Ethics and Anti-Corruption Commission (EACC).

He painted a grim picture on failure to meet the deadline even as EACC CEO Halakhe Waqo told journalists they would conclude all cases by Tuesday as ordered by President Uhuru Kenyatta.

But Mr Tobiko is questioning why the 10 files whose investigations have been completed by EACC have not been forwarded to his office for action.

The latter, a State appointee, is now the EACC point man after three independent commissioners who enjoyed security of tenure were allegedly forced to resign so as to endless wrangles in the commission. Following the President’s tabling of names of suspects in March, a multi-agency taskforce comprising officers from the Directorate of Public Prosecutions, the Directorate of Criminal Investigations and EACC has been investigating the claims.

When he tabled the names in Parliament on March 26, Uhuru gave EACC a 60-day window within which individuals were to be investigated. Only 18 files have so far been received by Tobiko’s office of the 175 despite 28 having been finalised.

“My office has 13 members in the joint investigation team, which has completed reviewing 28 files, but 10, including two touching on Cabinet Secretaries, have not been forwarded to my office for action,” Tobiko told The Standard on Sunday, adding even files of six Principal Secretaries who were also in the corruption list are yet to reach him.

Among CSs being investigated are Charity Ngilu (Lands), Felix Koskei (Agriculture) and Michael Kamau of Transport. Others are Davies Chirchir (Energy) and Kazungu Kambi (Labour).

On Thursday, Waqo assured that investigations against high-profile public officials were progressing well and he would make a major announcement soon. “Nothing has slowed down and all I can assure you is that the deadline will be met. We are on course,” Waqo said. The CEO spoke at a city hotel when he attended a breakfast meeting organised by Accountability Kenya (AK).

But Tobiko said it was important to set the record straight instead of giving the public false hope. “The Tuesday deadline is impossible to meet and that is the position we had taken jointly with the EACC CEO. What changed for him to declare the deadline can be met is what I do not understand,” said Tobiko. Nandi Hills MP Alfred Keter and URP nominated MP Sonia Birdi have since been charged in court over the Gilgil weighbridge saga in January. Others arraigned in court include Muranga Governor Mwangi wa Iria.

Wa Iria was among 12 governors in the EACC list of shame, but all who refused to step aside to allow for investigation.

Differences between the two have emerged amid caution by the chairman of the National Anti-Corruption Steering Committee, Anglican Arch-Bishop Eliud Wabukala, that the government had lost focus on the war on corruption.

Wabukala says corruption needs to be fought strategically, with a clear road map.

CORD leader Raila Odinga has equally taken issue with the way the government has been fighting corruption. Raila says the moment the President tabled in Parliament the controversial list of people under EACC’s radar without approval of commissioners or knowledge of the suspects, something was wrong. The credibility of EACC has equally been questioned especially after the departure of its three commissioners.