The EACC plans to summon Waiguru and Josephine Irungu Kabura who has accused her of masterminding the theft among other persons named in the sworn affidavit/XINHUA-File
EACC Head of Corporate Communications Karichi Marimba says the decision to reopen the file was informed by revelations made by a suspect charged with the theft, Josephine Irungu Kabura, in an affidavit.
In the affidavit filed in the High Court on Monday, Kabura swore that Waiguru was the architect of the Sh791 million scam.
“The EACC has taken note of the affidavit sworn by Kabura regarding the NYS financial scam already in court and extensively covered by the media today. We will be summoning Kabura and other persons of interest mentioned in her affidavit to assist in this fresh enquiry.”
READ: Give us a break, Waiguru was NYS scam architect – suspect
EACC cleared Waiguru in a letter to State House Chief of Staff Joseph Kinyua on February 4: “Our investigations have not established any evidence to warrant an adverse recommendation against the former Cabinet Secretary,” EACC chief executive Halakhe Waqo stated.
But in her affidavit, Kabura called into question the genuineness of the initial investigations stating that other than an interview with the banking fraud unit which she says was compromised, she was not invited to record a statement.
She claims the head of the banking fraud unit, Joseph Mugwanja, was in Waiguru’s pocket and brought on board to cover up the irregular dealings that led to the loss of the Sh791 million which she says she received as payment for the supply of road construction material for NYS projects in Kibera and Mukuru.
“Waiguru expressed her desire to assist Mugwanja become the Director of CID in future as show of gratitude,” Kabura alleges in her affidavit.
She also claims to have handed over Sh80 million to Mugwanja under Waiguru’s direction.
Kabura’s affidavit also calls into question the independence of the Office of the Director of Public Prosecutions Keriako Tobiko.
She states that Waiguru assured her that she would only face, “funny, watered down charges,” which would, “make it easy for her to assist me later when there was little limelight on the case.”
“The charge, as promised, would be abuse of office and breach of public trust.”
On Monday however, Tobiko directed that Kabura together with 10 others should be additionally charged with money laundering as there was sufficient evidence to support the prosecution.
Last year when he gave the green light for Kabura and 22 others to be charged with the theft of the Sh791 million, he directed the EACC and Directorate of Criminal Investigations to also investigate them for money laundering and invited the Assets Recovery Agency to step in.
READ: Mangiti, Githinji to be charged over Sh695mn NYS conspiracy
Kabura’s affidavit was sworn in opposition to an application by the Asset Recovery Agency for court orders prohibiting her from transferring her assets.
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