‘Crippled’ anti-graft body was finalising Anglo-Leasing cases
What you need to know:
- The report by the Director of Public Prosecutions (DPP) Mr Keriako Tobiko also indicates that over 70 per cent of files touching on other corruption cases handled by EACC were ready for prosecution.
- But the DPP found, upon perusal of the file, that there were “gaps and deficiencies” in the investigations. The office ordered further investigations.
- The Annual Anti-Corruption Report shows 49 of the 73 files submitted to him ––none connected with Anglo-Leasing––are in prosecution. Mr Tobiko ordered further investigations on 11 files, directed administrative or departmental direction on six files, and closure of seven others.
The Ethics and Anti-Corruption Commission (EACC), whose top officials have been suspended, was putting the final touches on reports into some of the Sh18 billion Anglo-Leasing scandals, an annual anti-corruption report indicates.
The report by the Director of Public Prosecutions (DPP) Mr Keriako Tobiko also indicates that over 70 per cent of files touching on other corruption cases handled by EACC were ready for prosecution.
Among the Anglo-Leasing-type cases where the DPP called for further investigations were a deal between the government and First Mercantile Securities Corporation for the supply and installation of VSAT equipment for the Postal Corporation of Kenya.
President Uhuru Kenyatta said he was obliged to order the payment of a Sh1.4 billion bill connected with the the deal, which EACC said was procured fraudulently, to clear the way for Kenya to float a Eurobond.
“Investigations established that due procurement procedures were not complied with and the accounting officer unilaterally awarded the contract to the company,” says the EACC report.
Nor had the project been budgeted for, the estimates had not been approved by Parliament, and Postal Corporation did not carry out due diligence on the company.
GAPS
But the DPP found, upon perusal of the file, that there were “gaps and deficiencies” in the investigations. The office ordered further investigations.
The anti-corruption watchdog, whose top officials have been suspended, including chairman Mumo Matemu, indicated in the report tabled in the National Assembly that about 70 per cent of the files given to Mr Tobiko were ready for prosecution.
The Annual Anti-Corruption Report shows 49 of the 73 files submitted to him ––none connected with Anglo-Leasing––are in prosecution. Mr Tobiko ordered further investigations on 11 files, directed administrative or departmental direction on six files, and closure of seven others.
Among the files returned to EACC for further investigations are the Anglo-Leasing cases that involve procurement deals worth a combined Sh18.75 billion.
The EACC also conducted further investigations as recommended by the DPP and some of the suspects have been arraigned in court.
For cases yet to be prosecuted, the DPP cites challenges like preliminary objections by the defence, judicial review and constitutional petitions, and unpreparedness of the defence.
