Tobiko says he is relying on a recommendation by the EACC which accuses Ngilu of ordering officials in her ministry to withhold documents during investigations/XINHUA-File
NAIROBI, Kenya, Jun 17 – The Director of Public Prosecutions Keriako Tobiko has approved charges against suspended Land Cabinet Secretary Charity Ngilu for obstructing justice in investigations into the Sh8bn Karen land saga.
Tobiko says there is sufficient evidence that Ngilu obstructed the collection of evidence but is not culpable in the fraudulent land transaction.
“Having reviewed the evidence, I am satisfied that the recommended charge is sustainable. I have therefore accepted EACC’s recommendation that the CS be charged with the offence of obstruction,” Tobiko said.
Tobiko consequently approved charges against eight officials in the lands ministry and a director Telesource.com Ltd over the fraudulent land deal.
The Ethics and anti Corruption Commission (EACC) alleged that Ngilu ordered officials in her ministry to withhold documents required by the commission during the investigations.
The commission further said she told the officials not to record statements with EACC investigators.
“She is alleged to have obstructed/hindered the collection of evidence regarding fraudulent transactions by directing ministry officer not to release documents to and record statements with EACC investigators,” the statement from the DPP read.
Ngilu and the eight officials in her ministry will now fight for their innocence in court following the green light from the DPP’s office on Wednesday.
The land is at the centre of a court battle between businessman Horatius Da Gama Rose and former NSSF Managing Trustee Jos Konzolo
READ: EACC wants Ngilu charged over Sh8bn Karen land saga
Da Gama Rose, represented by lawyer Cecil Miller argues that the land belongs to him and has obtained a court order prohibiting any further transactions of the 134-acre piece of prime land.
Ngilu is the second Cabinet Secretary to face charges after Transport Cabinet Secretary Michael Kamau was charged over corruption allegations.
READ: Kambi cleared over abuse of office, Kamau due in court
Moments after the DPP’s announcement, Ngilu said she would cooperate and was ready to appear before the EACC to begin the journey of establishing her innocence against the allegations leveled against her.
“I have learnt that the DPP has decided to prosecute me for obstruction as recommended by EACC. As a law abiding citizen I will present myself to EACC offices at the earliest opportunity to start the journey of clearing my name,” she posted on her Twitter handle.
The DPP has also approved charges against Ganze MP Peter Shehe and five others in the constituency for misappropriation of the Constituency Development Fund (CDF) following the decision of the DPP to charge them.
Shehe and the CDF Manager are alleged to have jointly misappropriated CDF funds through fake CDF projects.
Other CDF officials and directors of certain suppliers and contractors will also face charges alongside Shehe and the CDF manager.
Tobiko said there was enough evidence to prove criminal responsibility of the MP, the CDF officials and the directors of the companies.
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