, NAIROBI, Kenya, Feb 4 – The Director of Public Prosecutions Keriako Tobiko has found that evidence collected by the Ethics and Anti-Corruption Commission does not support their recommendation that he charge the Auditor General with Abuse of office over the irregular procurement of Audit Vault software by his office.
EACC wanted the Auditor General to be charged for among others things engaging in a project without prior planning contrary to the law and failing to comply with procurement requirements.
“The charge of abuse of office recommended by EACC against Edward Ouko, is not supported by the evidence in the file,” Tobiko found.
The DPP has however directed that charges be preferred against the Deputy Auditor General Corporate services Stephen Kinuthia for dealing with suspect property worth millions of shillings, conflict of interest and corruption.
According to the DPP, there is sufficient evidence that Kinuthia dealt with suspect property, that is, “receipt of Sh27 million from the proceeds of the acquisition of Audit Vault from OSI Kenya Ltd at the cost of Sh100 million contrary to section 47 as read with section of 48 of ACECA (Anti-Corruption and Economic Crimes Act).”
Others charges include deceiving principal contrary to section 41 of ACECA, conflict of interest contrary to section to section 42 (3) of ACECA, engaging in the corrupt practice contrary to section 40 of the Public Procurement and Disposal Act, (PPOA).
Other officials like the Manger of Information Technology audit Annette Mwangi and Director of Information, Communication, and Technology Justus Ongera will be charged with the offense of deceiving.
The DPP also found sufficient evidence to charge Charles Gichobi, the Sales Executive Oracle Kenya, “with the acquisition of proceeds of crime Sh500,000 contrary to section 60(12) (a) of POCAMLA (Proceeds of Crime and Anti-Money Laundering Act).”