Nairobi, Kenya: Suspended Energy Cabinet Secretary Davis Chirchir has been cleared by Ethics Anti-Corruption Commission in one case of graft allegations against him.
But he is still under probe over the Chicken Gate scandal.
The commission told the Director of Public Prosecutions Keriako Tobiko to close a file on investigations that linked Chirchir and Kenya Power Managing Director Ben Chumo to corruption.
EACC was investigating into allegations that a company by the name Windward trading Limited was formed to receive money/proceeds from award of contracts between the Kenya Power and Lightning Company and Foreign Companies involving Sh90 million.
EACC had earlier submitted a separate inquiry file against the CS, among others, to the DPP with recommendation that the file be closed for lack of evidence of criminal culpability on allegations of corruptly seeking to influence the award of a tender.
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But the DPP returned the file to the commission pointing out areas that had not been investigated.
Wednesday, EACC resubmitted the file to the DPP with recommendations to close the file for lack of evidence against the CS and Chumo and the then Kenya Pipeline Company.
Tobiko said he will independently review the files based on the threshold of the evidence in law before making a decision. He may agree with the recommendations or order further probe or prosecutions.
Chirchir had also been cleared in case where there were claims of an attempt to influence award of Kenya Pipeline Company tender costing US$500 million to Sinopec instead of Zkhem.
The commission also asked Tobiko to close a file for lack of evidence on former Prime Minister Raila Odinga’s private secretary Caroli Omondi over claims of irregular acquisition of a parcel of land belonging to Kenya Commercial Bank.
Richard Langat
The commission also recommended that a file on corruption against National Social Security Fund Managing Trustee Richard Langat be closed for lack of evidence.
The DPP had directed the commission to conduct further investigations into allegations of procurement irregularity during the awarding of a Sh244.8 million tender for the design, supply, installation and commissioning of appropriate electronic surveillance system - Closed Circuit Television (CCTV) and Restricted Access Control Systems to Micro City Computers Limited at the NSSF.
EACC had recommended that the file be closed for lack of evidence but the DPP rejected the proposal. EACC returned the file Wednesday reiterating its closure.
The cases are among those named in the list of shame that was tabled in Parliament more than four months ago.
A bulk of the files on the 175 cases remain in the hands of EACC.
Of these, the EACC detectives have grilled five Cabinet Secretaries, four Principal Secretaries, two senators, 12 governors, and 11 other senior government officials who include heads of parastatals.
The CS’ include Kazungu Kambi, Charity Ngilu (Lands), Felix Koskei (Agriculture), Michael Kamau (infrustrature) and Chirchir.