‘OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS PRESS STATEMENT ETHICS AND ANTE-CORRUPTION COMMISSION (EACC) REPORT ON ONGOING INVESTIGATIONS ‘CORRUPTION AGAINST CERTAIN PUBLIC OFFICERS REFERRED TO INTHE PRESIDENTIAL ADDRESS INPARLIANENT ON 26" MARCH, 2015, nt August, 2015, | received Five (5) files from FACC. Out of these Five (5) files, EACC recommended prosecution n Three (3), closure in One (I) and administrative ection in One (0). Having independent reviewed the fs, lhaveerived atthe falling derision: 1 Richard Kipkoech Langa, Acting Managing Trustee, NSSF |. This ison inquy into elegtions thatthe Board of Tastes of NSSF inregulrly approved a budget of Ksh, §,053,520,921.06 for the regularization of Tassa Il Housing Scheme and ‘awarded the tender fr the Scheme's infrastructure development to China Jiang International Kenya La 2. AGE investigated the alegations and found no evidence of criminal culpability agoint Richard Kipkoech Lengt or any member ofthe Goad of Trsteas or management af NSSF. therefore made no recommendations for prosecution, it hawever recommended Administrative action aginst ichard Kpkoech Langet for exposing NSSF to contractual bigations when all the funds to france the project had not been collected fram the ple 8 Having independently revewed the fi, [noted 2 numberof erica gaps and omissions in the evidence ond inestigatins which must be addressed before | can mele @ conclusive decision 4, have therefore returnec the file for the aforementioned areas tobe addressed and the fle e-submited fr my apprsrit rections ie)| Evens J.C. Nain Chit Executive Dicer National Water Conservation 8 Pipeline Corporaticn(NWLPL) 8 Uthers 1. Thisis an inquiry in allegations aginst Evers J WE. Nati. other cfcers ofthe NCPC anda valer from te office ofthe Commissianer of Lands of impropratyin the handing of funds meant for cosiructon of Muray/ Siyi Oam project in West Pokot Count. in parte the compensstin of farmers whose land wes acquired for cortruction othe dam. 2, GAOL recommended that the le be closed fr the reason thet imvestigations dd not disclose upton the pat of the suspects. 5. Upon careful and independent nasi of the fil | am satisied that there ls no sulficint evidence ta support the allegations against the suspects forthe follwing reasons 2) There was baletary ailacaton forthe contruction othe dem. 1) Oue process was folawed in compusarly acquiring the private land frum the farmers, ©) The compensation ta farmers whose land was acquired for construction ofthe dm was procedrelly done rd there sno evdence of any impropriety. 4 tocardngy | accep the racommandation by EAT thatthe fle be cased I Gadana Dayo Adi, Savernor; Ibrahim Wako, County Secretary, County Government of |L_ This is an nquy inte allegations of regular appointment of casual tthe County 2, EAOD investigated the allegations and fram the evidence recommended that bri Wak, the County Secretary becherged 3. Having independent reviewed the above inquiy fe, | disagree with EALC's recommendation forthe following restns: 1. Thare is no exprassy laid down pracedure for bring af casual warkrs by County Government, 1 Tha law, ain particular the revised Code of Repuatins for Pub Dficars under Regulation 2 gives authority tothe Permanent Secretaries and Authorized Oficers to hire casul workers after ascertaining that there is need to hie ham, In aur view ARthe County Secetary beng the Head ofthe Cunty Publ Service is such Authorized Ofc. ‘© Inany event, Section 7 of he County vernments Act empowers the County Public Service Boards to revoke or diract fresh commencement of praess or take any corrective ation incase of ny irregular appontmant of employees, 4 Inthe present =3se | rote thet pursuant to the aforesaid section, the Secretary ta the lilo County Pubic Service Board issued @ circular dated 31 October, 2014 adiressed to the County Secretary, Chief Divers and Sectional Heads giving rections on expcintments and invoking the pravisions of Section 76 ofthe County Governments At Further the issue of employment ofthe casual workers was addressed and resoled ina meeting dted in 10 December, 2014 teld between the County Public Service Board andthe Chie ficers 4, Ihave accordingly directed thatthe filab closed. WW, Nicholas_M. Muriuki Principal ianbu Institute of Science and Technalagy(KIST) Joseph M. Weru, County Warks Officer |. This isan inqry into alegatons of irregular procurement i the tender for tha construction ofthe brary and ICT Resource Centre at KIST fr Kshs, Milian. 2. EAGC conducted imestiations and recommended the prosecution of Nicholas H. Muri and Joseph Mt era 3. Upon independent review ofthe fl, | am satisfied that the evidence is sucent ta sustain the recammended charges. 4, Shave accordingly directed prasecution to ensue Y. Peres Nyakeraria, Head of Supply Chain Management County Government of Nyamira |. This is an inquiry into slegotions thatthe County Government af Nyaa did nt fllw the Public Procurement and Oispsal Ac inthe pracurement of IS vehicles costing over ksh, 93 milion t was further aleged tat the insurance covers forthe vbiles was single sourced OR2. ACE investigated te alegation on irequar procurement of matar vehicles and found na sufficient evidence criminal culpa, 3. Upon independent review, noted that this allegation has not been fully investigated EAZE has therefore been directed to undertake separate investigations into this allegation and ra- submit the fl, 4, Vth egard tothe allegation relating tothe sourcing of insurance cavers fr the sald vices. FACE investigated and from the evidence recommended that Peres Nyakerario be charge. 5. Upon independent review of he fie. | am satsfad thatthe evidence i sulin to sustain the ecammended charges. 6. Shave accordingly drcted prosecution to ensue, Caution | wish to emphasize thatthe susects directed ta be prosecuted are ani each of them is presumed innocent and entitled to fair rial. As such, it would be inappropriate for me to canment onthe matters further, Dated 27" August, 2015 Kerio pai See aes Se DIRECT OR OF PUBLIC PROSECUTIONS