Only 12 of 58 EACC corruption cases cleared for prosecution by DPP over three-month period

Only 12 of 58 EACC corruption cases cleared for prosecution by DPP over three-month period

According to the commission’s latest quarterly report, many of the pending cases involve large sums of public funds and senior officials, highlighting persistent challenges in holding high-ranking leaders accountable.

Only 12 of the 58 corruption cases investigated by the Ethics and Anti-Corruption Commission (EACC) have been cleared by the Director of Public Prosecution (DPP) for prosecution, with the majority of files either returned for further inquiry, recommended for closure, or still awaiting guidance.

According to the commission’s latest quarterly report, many of the pending cases involve large sums of public funds and senior officials, highlighting persistent challenges in holding high-ranking leaders accountable.

The quarterly report covering the period from July 1 to September 30 shows that while the EACC completed investigations into 58 graft-related files and submitted them to the DPP, only 12 have received approval to proceed to court.

“The DPP has approved 12 cases for prosecution and returned 20 files for further investigations. The DPP recommended the closure of four files. Only 20 files are awaiting advice,” reads the report.

The cases involve officials from both county and national governments, including current and former governors, and cover offences such as embezzlement, conflict of interest, procurement irregularities, money laundering, unexplained wealth, misappropriation of public funds and schemes in which junior staff were used as conduits for stolen funds.

The revelations have intensified public scrutiny of the DPP, with concerns over perceived delays in handling high-profile corruption cases and the low number of prosecutions. In the last quarter, the DPP approved only four of the 44 cases received during the period, raising fears of systemic delays in delivering justice for senior public officials.

The DPP’s office has previously defended its actions, arguing that prosecutions only proceed when files meet the necessary prosecutorial tests, and that weak cases are not pursued to prevent abuse of the legal system.

The report notes that most cases approved for prosecution involve minor offences by junior officers, such as forgery and bribery. Examples include a Nairobi City Water and Sewerage Company employee who allegedly secured an artisan position using a forged Kenya Certificate of Secondary Education.

Other minor cases include an Office of the Auditor General employee accused of forging certificates to secure a driver position, another Nairobi Water staffer alleged to have used a forged ICT diploma for employment, two Kenya Medical Training College employees charged with using fake certificates to gain employment, and a Directorate of Criminal Investigations officer in Kilungu, Makueni County, accused of receiving a Sh40,000 bribe.

A Kisumu City Manager also faces charges of abuse of office and forgery after allegedly facilitating a bank employee’s participation in a forum meant solely for Kisumu County officials.

High-profile prosecutions include the alleged embezzlement of Sh70.2 million by a former Bungoma governor and senior county officials, and the Bomet governor accused of receiving Sh2.7 million from six companies trading with the county.

Among the 20 files returned for further investigations are procurement irregularities in Kiambu County valued at over Sh1.4 billion, and alleged conflict of interest and unlawful acquisition of public property by a former Kiambu governor, who is accused of influencing tenders worth Sh1.24 billion.

Other files requiring further probes include procurement irregularities at Moi University, linked to a Sh1.1 billion library tender awarded to Dinesh Construction, and Rongai MP Paul Chebor, under investigation for allegedly forging academic certificates to enrol for a Bachelor’s degree at Mount Kenya University.

Cases recommended for closure include irregular procurement of medical insurance for Laikipia County staff worth Sh112 million and embezzlement of Sh138 million at the West Kano Scheme through the Kenya National Trading Corporation.

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