The Office of the Director of Public Prosecutions (ODPP) is under intense scrutiny after allegedly withdrawing a high-profile graft case involving the theft of hundreds of millions of shillings.
In a shocking turn of events, the Ethics and Anti-Corruption Commission (EACC) claimed that the withdrawal had been done at the request of the suspect to have the evidence provided reviewed.
The commission accused some of the suspects of receiving huge kickbacks in the multimillion-shilling scandal in question.
The case in question involves 10 individuals including a chief executive officer (CEO) of a water works development agency.
In a nine-page affidavit filed before the Kitui Anti-Corruption Court, the Anti-graft agency argues that the withdrawal of the criminal charges against the accused persons is a complete disregard of public interest, abuse of the court process, and made in bad faith.
The tender of the construction of the Kenanie Leather Industrial Water Park Industrial project cost Ksh292.7 million forming the heart of the case on the alleged procurement fraud.
According to court documents, 14 companies had submitted their bids concerning the tender. The deal was awarded to one of the companies in a process many dismissed as marred with irregularities.
On December 14, 2023, the Ethics Commission concluded investigations subsequently recommending the prosecution of the agency CEO, 9 other officials, and 3 companies involved in the alleged scandal.
In June 2024 upon perusal of the file, the DPP Renson Ingonga directed all 9 suspects and the directors of the company awarded the tender and those of two other companies to be arrested and prosecuted after being satisfied with the evidence EACC provided.
The ODPP recommended 9 charges including conspiracy to commit an offence of corruption, abuse of office, and 3 counts of willful failure to comply with procurement laws.
Other Charges levelled against the suspects were 3 counts of conflict of interest and 4 counts of acquisition of public property.
The EACC opposed the withdrawal of the case telling the court that the ODPP had no basis for withdrawing the matter since he had given consent to prosecute since okeying the case to proceed to its logical conclusion.
Source: kENYANS.CO.KE