EACC clears suspended Energy CS Davis Chirchir of graft claims

The Ethics and Anti-Corruption Commission has cleared suspended Energy Cabinet Secretary Davis Chirchir of corruption allegations.

The commission forwarded Mr Chirchir’s file to Director of Public Prosecutions (DPP) Keriako Tobiko, recommending that it be closed for lack of evidence.

Mr Chirchir is, however, not off the hook until Mr Tobiko makes a decision on whether to drop the case or order further investigations into the allegations.

The suspended CS was accused alongside Kenya Power Managing Director Ben Chumo.

It is alleged that the two colluded to embezzle Sh90 million transferred from the Kenya Pipeline Company to Kenya Power.

“EACC had earlier submitted a separate inquiry file against the CS, among others to the DPP with recommendations that the file be closed for lack of evidence of criminal culpability on allegations of corruptly seeking to influence the award of a tender,” read a statement circulated to the media by Mr Tobiko.

ABUSE OF OFFICE

“The DPP concurred with the EACC’s recommendations but directed investigations into further allegations (the subject of the present inquiry) that had not been fully investigated. EACC re-submitted the file and recommends that the file be closed for lack of evidence of criminal culpability against the CS and the Managing Directors of KPC and Kenya Power,” the statement further read.

Mr Chirchir is among the five Cabinet secretaries who were suspended to allow for investigations into corruption allegations against them.

Others who remain suspended are Charity Ngilu (Lands), Felix Koskei (Agriculture), Kazungu Kambi (Labour) and Michael Kamau (Transport).

Also suspended were principal secretaries Mutea Iringo (Defence), Nduva Muli (Transport), Patrick Omutia (Mining) and James Teko (Water).

Mrs Ngilu and Mr Kamau are already facing corruption and abuse-of-office charges in court.

The EACC also recommended the closure of the file on allegations levelled against the board of the National Social Security Fund (NSSF) and its Managing Trustee Richard Langat.

The board and Mr Langat were accused of irregularly awarding to Micro City Computer Ltd an NSSF tender for the design, supply, installation and commissioning of an appropriate electronic surveillance system, Closed Circuit Television (CCTV) and restricted control systems at a cost of Sh244 million.

OTHER CASES

The EACC had earlier recommended that the file be closed for lack of evidence but that the board and Mr Langat be cautioned, but Mr Tobiko recommended further investigations into the allegations.

“EACC re-submitted the file and reiterates its earlier recommendations,” the statement read.

The commission also cleared the former chief of staff in the now defunct prime minister's office, Caroli Omondi, of allegations that he irregularly acquired a parcel of land belonging to Kenya Commercial Bank.

“EACC recommends that the file be closed for lack of evidence of criminal culpability against Mr Omondi,” the statement notes.

Similarly, the EACC recommended the closure of the file on National Water Conservation and Pipeline Corporation Managing Director Evans Ngibuini for lack of evidence.

Mr Ngibuini was accused of improperly handling funds in the construction of the Muruny/Siyoi dam in West Pokot County.