Chickens are coming home soon for IEBC

Top officials at the electoral commission and the examinations council are among those to be investigated by the Ethics and Anti-Corruption Commission (EACC) for their role in a multi-million-shilling corruption scam.

EACC chairman Mumo Matemu Tuesday disclosed that the commission had started its own investigations into the issues raised by a UK court during a ruling that saw a British company, Smith and Ouzman Ltd, and two of its most senior officials found guilty of corruptly making payments to officials of the Interim Independent Electoral Commission (IEBC) and Kenya National Examinations Council (Knec).

Kenyan officials named in the scandal and who will be investigated include the IEBC chairman Ahmed Issack Hassan, Energy secretary Davis Chirchir, who served as commissioner at the defunct IIEC, former IEBC CEO James Oswago and former Knec boss Paul Wasanga.

Mr Hassan is out of the country while the former Knec boss said he needed time to read through the ruling before commenting.

“I have to read the whole thing before I make a comment,” Mr Wasanga said. Mrs Gladys Shollei, whose name was also mentioned during the SFO’s investigations, said she was cleared of any involvement in the said “chicken” scam by the SFO.

“I have never solicited or received a bribery both at IIEC and the Judiciary. When investigations will be undertaken in Kenya, I am willing and ready to help get to the bottom of this problem,” Mrs Shollei told the Nation.

BUILD A BASIS

Mr Matemu said the commission “has to build a basis and then ask people to tell their story” before proceeding to prosecution.

He said the commission would use materials presented in the UK court and corroborate it with what the commission had to build a case.

CID Director Ndegwa Muhoro said the matter was being handled by EACC and was not in a position to take any action against those implicated in the scam.

“That is squarely the matter under EACC. We are not involved in it. They will investigate and build a case by themselves since it is corruption-related charges,” Mr Muhoro said.

EACC has already summoned Mr Trevy Oyombra for questioning over his role as an agent of the British firm in paying bribes to officials of the Interim Independent Electoral Commission (IIEC ) to secure a tender for Smith & Ouzman in 2010.

“Whether you were an agent or a middleman and you received a bribe, the law is very clear that you are also guilty,” Mr Matemu said.
He said the investigations would be done fairly to give justice to all.

“These people who are implicated in the ‘chicken scam’ have come out to deny the allegation. We must therefore conduct our own independent investigations to establish whether Kenyans were bribed and who they were,” Mr Matemu told the Nation.

SFO told the Nation that it “was squarely a matter of Kenyan authorities to decide what to do” and could not delve further on whether actions by Kenyans mentioned in the scam bordered to criminality.

Mr Matemu said the commission was involved during the investigations that led to the successful prosecution of the two senior officials of the UK firm that was engaged in corruption.

SERIOUS COOPERATION

“There has been serious cooperation in undertaking the prosecution by SFO and EACC and we will use the same criteria while conducting ours to ascertain who received the bribe.”

However, Mr Matemu said the commission had in the past taken action against individuals at the electoral commission who were engaged in illegal procurement.

“We in Kenya have taken action against individuals who were engaged in procurement malpractices of electoral materials. We are having Kenyan citizens in court,” he said.

Early this year the EACC charged former IEBC CEO James Oswago for failing to comply with procurement regulations in the purchase of Sh1.3 billion electoral kits used in the last general elections.