Director of Public Prosecutions Keriako Tobiko: Why I cleared three ministers

The Office of the Director of Public Prosecutions has given reasons for clearing three Cabinet Secretaries over graft allegations “so the Kenyan public can understand” what informed his decisions.

Director of Public Prosecutions Keriako Tobiko on Wednesday gave 12 reasons for his action on files of three Cabinet Secretaries—Felixs Koskei (Agriculture), Davis Chirchir (Energy) and Joseph Kamau (Transport) — and more reasons for clearing Narok Governor Samuel ole Tunai.

Tobiko gave five reasons for clearing Chirchir and four for Kamau, while three reasons were advanced for Koskei’s clearance.

In a statement, the DPP said he concurred with the Ethics and Anti-Corruption Commission (EACC) that Koskei’s file on allegations of irregular allocation of sugar importation permits to ten companies be closed. The reason given was that “The allocation of the subject import permits for the importation of sugar was done by the interim head of the sugar directorate and an appointed Regulation and Compliance sub-Committee of the sugar directorate”.

Tobiko said the law on importation of sugar under the Sugar (Imports, Exports and By-Products) (Amendment) Regulations 2010 does not provide for any role by the Cabinet Secretary in the approval of import permits.

Thirdly, he said it was clear that the Cabinet Secretary was not involved in the process of registering, considering and allocating the import permits and there was no evidence that he influenced the process.

The allegations against Kamau were that he irregularly awarded a contract for clearing and forwarding services to M/S Landmark Clearing and Forwarding Company.

The DPP agreed with the EACC that the file be closed because Kenya Railways Corporation entered into a turnkey contract with China Road and Bridge Corporation (CRBC), the effect of which was that CRBC was solely responsible for the procurement of construction materials.

He said CRBC entered into a contract with Landmark Port Conveyors Ltd for a trial period of six months, effective from December 10, 2014.

“There is no evidence to support the allegations that the CS awarded the contract to M/S Landmark Port Conveyors Ltd, or any other company for that matter.”

In his fourth reason, the DPP concluded that there was no evidence that Kamau influenced the award of the contract to M/S Landmark Port Conveyors Ltd by CRBC.

Challenging process

Chirchir had faced allegations that he and a senator attempted to influence the award of a Kenya Pipeline Company (KPC) tender and that the tender was to corruptly yield $15 million (almost Sh1.5 billion) to be shared between the two.

But the DPP said evidence indicated that the tendering process was conducted properly as required under the Public Procurement and Disposal Act (PPDA).

The second reason given by the DPP was that complaints to the Public Procurement Oversight Authority challenging the procurement were interrogated and KPC allowed to proceed with the process. The third reason was that Petition No. 173 of 2012 (Rich Production Limited) challenging the procurement process was dismissed on the grounds that KPC had complied with all requirements of the PPDA.

“Applications for review by various interested construction companies to the Public Procurement Administration Board challenging the tendering process were also dismissed by the Board,” noted the DPP.

Finally, Tobiko indicated that the tender was awarded to Zakhem International Construction Company limited and Sinopec, the company that was allegedly being fronted.

“I have, however, directed that the alleged transfer of Sh90 million from KPC to Kenya Power for unknown business contracts be investigated further and on completion the file be re-submitted to my office for perusal and appropriate action,” the DPP said.

On allegations of human resource management and procurement irregularities in the Narok County Government against Governor Tunai, Tobiko noted, ”I have concurred with EACC on five out of the eight allegations made (that there is no evidence to show criminal culpability).”

Those the DPP agreed with include allegations concerning the Mara Conservancy directorship and signatories, Oloololo Game Ranch gate collections, recruitment of county official Charles Gitau, procurement of a legal firm’s services and the Mara Trust Fund.

Meanwhile, leaders from across the political divide have expressed concerns over the ‘politicisation of the war on corruption’.

Parliamentary Public Accounts Committee chairman Nicholas Gumbo said leaders must cushion the Office of the DPP and EACC from political interference.

And Orange Democratic Movement secretary general Ababu Namwamba noted: “Institutions fighting corruption should be allowed to operate as autonomous agencies without interference from both the Legislature and Executive.”

In a statement, Narc-Kenya party leader Martha Karua said, “We call upon all political parties, especially the Jubilee coalition, which dominates Parliament, to rein in their members to respect their manifesto and more importantly, the Constitution and our laws.”

Makueni County Senator Mutula Kilonzo Junior (Wiper) and his Nandi counterpart Stephen Sang (URP) demanded that President Uhuru Kenyatta form a selection panel to recruit EACC commissioners to fast-track the war on graft.

Amani National Congress Secretary General Godfrey Osotsi said MPs involved in attacking the two offices are the ones undermining the fight against corruption.

Jubilee MPs, led by Starehe’s Maina Kamanda, have been allegedly plotting to kick Tobiko out of office for allegedly frustrating the war on graft.

National Assembly Leader of Majority Aden Duale and Deputy Leader of Minority Jakoyo Midiwo have equally claimed that independent bodies entrusted with investigating and prosecuting suspects are also sabotaging war on graft.

The Law Society of Kenya (LSK) has warned political leaders against attacking Tobiko over high profile graft cases. LSK chief executive Apollo Mboya and Kituo Cha Sheria executive director Gertrude Angote have cautioned politicians against interfering with constitutional offices.