, NAIROBI, Kenya, Dec 17 – Director of Public Prosecutions Keriako Tobiko now wants former Chief Registrar of the Judiciary Gladys Shollei prosecuted together with seven others over irregular payment of Sh46 million for work not done to a construction company tasked to build the Mavoko Law Courts.
Others include the former deputy Chief Registrar of the Judiciary Kakai Kissinger and Thomas Oloo, Transport Officer at the Judiciary among others.
“Upon careful and independent analysis of the evidence in the inquiry file, the DPP was satisfied that there is sufficient evidence to support the recommended charges against all the suspects,” Tobiko said.
“The DPP therefore accepted EACC’s recommendations and directed that prosecution should ensue immediately.”
Tobiko also recommended the prosecution of Machakos County Secretary Francis Mwaka and five others for criminal offences that range from abuse of office and corruptly receiving a benefit.
The DPP also wants them charged over conspiracy to commit an offence of corruption among others.
They are accused of irregular procurement of a contractor in the renovation and refurbishment of County Executive Committee members’ offices.
“Having perused the inquiry file and given full and careful consideration to the evidence therein, the DPP concurs with the findings and recommendations of EACC that there is sufficient evidence to support the recommended charges,” the DPP pointed out.
Stepal Builders Company directors and its managing director Paul Mutisya are among people to be charged with the county officials.
The DPP did not find evidence into allegations that the Board of Trustees of the National Social Security Fund (NSSF) irregularly approved a budget of Sh5 billion for the regularization of Tassia 2 housing scheme, “and corruptly awarded the tender for the scheme’s infrastructure development to China Jiangxi International Kenya Ltd.”
COTU Secretary General Francis Atwoli had reported the matter to the EACC over the approval.
Among the issues he had raised included that he never received the memo circulated through email seeking approval of the project and that in his absence, no valid resolution of the board could have resulted as, “COTU’s attendance was mandatory to constitute a quorum.”
He also argued that a proposal involving such colossal amount would not be approved through an email circulation of a memo.
“Such proposal would require a formal and substantive Board meeting to approve,” Atwoli said.
His final complaint was the failure for the proposal to go through the Finance Social Security and Investment Committee (of which he was chair) for recommendation.
There was no evidence of criminal culpability to warrant a criminal prosecution against any member of the Board of Trustees or management of NSSF.
The DPP agreed that administrative action be taken against the acting Managing Trustee Richard Langat, “for exposing the fund to contractual obligations when all the funds to finance the project had not been collected from the tenants.”
The DPP ordered the file be closed but recommended that the management should among other, “aggressively enforce the default clauses in the infrastructure Fee Agreement (Tassia 2and 3 plots) between NSSF and various tenants.”
Former acting Director Immigration Services Jane Waikenda and her assistant Abraham Mwaura’s file was closed after the DPP said there was no sufficient evidence to sustain the recommended charges.
Waikenda’s inquiry file was based on allegations of corruption and abuse of office.