Medical Services PS Mary Ngare
Director of Public Prosecutions Keriako Tobiko has advised the EACC that charges proffered against the PS are not supported by sufficient evidence and can not sustain a trial.
“The DPP has advised us that the charges recommended on the PS will not be sustained,” EACC Spokesman Nicholas Simani said.
Simani told Capital FM News that the DPP has however, concurred with their recommendation to charge three other Ministry officials, including the Deputy Secretary under the Anti-Corruption and Economic Crimes Act.
“We are in the process of finalising this, and the three officials will be in court as soon as we are through,” he said.
Others to face charges are Principal accountant in the Ministry and an accountant who are accused of willful failure to comply with procurement laws and fraud.
The Deputy Secretary are accused with the PS for having failed to execute their duties diligently and approved expenditure contrary to Government Financial Regulations and signed payment vouchers which not supported by any claim documents, resulting to the loss of Sh5.7 million.
The EACC had forwarded a recommendation to the DPP’s office on January 12, 2012 seeking to have the PS charged alongside the three officials. The DPP returned a verdict earlier this week, clearing Ms Ngare for lack of proper evidence.
The EACC had wanted her charged with the offence of abuse of office contrary to Section 101 (1) as read with Section 102 A of the Penal Code.
The DPP has approved that the Deputy Secretary, Principal Accounts Controller and Accountant 1 be charged with offences of willful failure to comply with the law relating to procurement contrary to Section 45 (2) (b) and abuse of office contrary to section 46 of the Anti-Corruption and Economic Crimes Act of 2003.
The Principal Accounts Controller and Accountant 1 will also face separate charges of fraud by persons employed in the Public Service contrary to Section 127 (1) as read with Section 127 (2) of the penal code.
They will also face charges of knowingly using a false document to one’s principal contrary to section 41 (2) as read with section 48 (1) of the Anti-Corruption and Economic crimes Act No 3 of 2003.
EACC wants civil proceedings instituted against the Principal accounts controller and the accountant to recover the huge sums of public funds deposited in their bank accounts.
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