Governor may be charged with graft

Garissa Governor Nathif Jama may find himself in the dock to answer corruption charges.

This comes after the Ethics and Anti-Corruption Commission recommended that he be prosecuted over irregular leasing of ambulance services.

The agency has, however, cleared Siaya Senator James Orengo of allegations that he colluded with former Nairobi Mayor George Aladwa and ex-Commissioner of Lands Zabloan Mabeya in irregularly disposing of a plot on Ring Road, Westlands.

Mr Orengo had been accused of committing the offence when he served as Lands minister in 2008.

Mr Orengo and Mr Mabeya were further accused of pocketing Sh5 million in bribes each for their role in the scandal, while the land was sold for Sh320 million.

A brief from Director of Public Prosecutions Keriako Tobiko says the commission had recommended the file be closed for lack of evidence to prove that Mr Orengo committed any crime.

The commission, however, recommended that Mr Jama and eight others be charged with various offences concerning the leasing of ambulance services in Garissa County.

The ambulances were leased from Emergency Plus, a company fully owned by the Kenya Red Cross.

The anti-corruption agency also cleared National Water Conservation and Pipeline Corporation Managing Director Evans Ngibuini of allegations of irregularly procuring the structural cabling for the water firm’s head office as well as hiring unqualified staff.

“The commission recommends that the file be closed for lack of evidence for criminal culpability against Mr Ngibuini,” said Mr Tobiko.

He, however, said his office would review each of the files independently and take a decision based on the evidence.

And appearing before a Senate committee yesterday, Mr Tobiko warned that politicisation of the fight against corruption was undermining progress to battle the vice.

He said prosecuting corruption cases, just like any other crime, requires that the evidence adduced must sustain the trial.

He asked individuals who read politics in every process to reconsider their stand.

In some instances, the matter takes an ethnic angle, with leaders trying to manipulate the legal process by claiming that their ethnic groups were being targeted for the wrong reasons.

Mr Tobiko told the Legal Affairs Committee, chaired by Senator Amos Wako (Busia, ODM), that a decision to prosecute a case forwarded by investigating agencies depends on the evidence presented and the public interest over the matter.

“The office of the director of prosecutions makes a decision to prosecute a person when there is sufficient evidence. But when we make such decisions, it becomes a question of our party or community being targeted,” said Mr Tobiko.