Only 26 graft cases have made it to the courts

The anti-corruption commission investigated a total of 315 corruption cases in the last financial year but only 26 ended up in court, according to a report presented to the National Assembly.

Another 76 cases are still under investigation and 44 files are under evidence analysis, says the report prepared by the Ethics and Anti-Corruption Commission. Another eight cases are awaiting a decision by the Director of Public Prosecution on whether he will charge the suspects in court.

Between June 2014 and June 2015, a total of 129 individuals were charged with corruption offences.

Among those whose cases are ongoing are two Cabinet Secretaries — Mrs Charity Ngilu (Lands, Settlement and Urban Planning) and Mr Michael Kamau (Transport and Infrastructure).

The commission has also cleared the way for two Governors — Mr Mwangi wa Iria of Murang’a and Mr Nathif Jama of Garissa — to be charged with corruption.

ON THE LIST

Also on the list of those to be charged are five MPs and one Senator.

These are Mr Sunjeev Birdi (Nominated, URP) and Alfred Keter (Nandi Hills, URP) who have been charged with intimidation of officers at the Gilgil weighbridge, Mr Peter Shehe (Ganze, FPK), Mr Julius Ndegwa (Lamu West, KNC) and Mr Richard Onyonka (Kitutu Chache South, ODM) who are likely to be charged in connection with misuse of CDF. Also on the list is Nairobi Senator Mike Sonko.

These are the top 10 high profile files that the commission investigated and recommended for prosecution.

However, Mr Kamau, Mr wa Iria, Mr Keter and Ms Birdi and two other suspects have gone to court to challenge their prosecution.

Mr Kamau has argued that the commission was improperly constituted after its chairman and commissioners were thrown out. According to him, the commission lacked the powers to prosecute him. His case will be heard on October 16.

The other two who have challenged their prosecution are Mr Ibrahim Wako, the Isiolo County Secretary and head of its Service Board, and Mr Jimmy Mutuku Kiamba, a former Nairobi County official whose bank accounts were frozen with over Sh900 million. Mr Kiamba was relieved of his duties earlier this month.

LIST OF SHAME

The anti-graft commission has been under the spotlight since March 26 when President Uhuru Kenyatta made public a list of 176 cases involving government officers, including five Cabinet Secretaries. The President gave the commission 60 days to complete investigations.

As a result, five Cabinet Secretaries stepped aside. They are Mr Kamau, Mrs Ngilu, Mr Kazungu Kambi (Labour), Mr Davis Chirchir (Energy) and Mr Felix Kosgey (Agriculture). None has been reinstated although formal cases are yet to be lodged.

From its own analysis, the anti-graft commission has completed 24 per cent of the high profile cases in the last financial year, while 45 per cent are still under investigation and 26 per cent are undergoing analysis before deciding whether or not they will be prosecuted.

Among cases handed over to the Director of Public Prosecution is that against former Judiciary Registrar, Mrs Gladys Boss Shollei, and three other officials, Mr Kakai Kissinger, Mr Martin Okwata and Mr Benedict Omolo.

Another involves former Investment Secretary Esther Koimet who is alleged to have used her office to deprive former employees of the Kenya Railways Corporation of houses set aside for them to buy under a tenant-purchase scheme.

And among the cases whose evidence is being analysed are scandals at the Ministry of Lands, Ministry of the Environment and the Mumias Sugar Company.

STOP COMMISSION

In the Mumias case, it is alleged that Dr Evans Kidero, now the Nairobi Governor, paid a law firm associated with Mr Tom Ojienda Sh280 million for services not rendered. The money was allegedly paid into Mr Ojienda’s private bank account. Mr Ojienda is seeking to stop the commission from investigating his bank account.

Others involve investigations into the alleged loss of Sh50 million in the office of Deputy President William Ruto, which was irregularly used to buy lifts, allegations that Sh100 million was used to hire a private jet that was used by Mr Ruto to visit five African countries and allegation of double payment for the renovation of his office and residence.

It is also alleged that the office misappropriated Sh200 million, half of which was used to mobilise MPs to impeach Devolution Cabinet Secretary Anne Waiguru. The impeachment Motion was later shelved.

HIGHEST NUMBER

Besides the investigations into corruption cases, the commission says it also received 9,294 requests to conduct background checks on individuals nominated for state and public offices.

March and April this year had the highest number of requests at 1,866 and 1,373.

The requests were made as part of the constitutional requirement for vetting before the appointment of chief executives of State corporations and heads of various government departments.

The report dated July 23 will now be analysed by the House committee chaired by Mr Samuel Chepkong’a.