DPP yet to receive graft files on Mumias sugar factory
26 June 2015, 08:06
Nairobi – Director of Public Prosecutions (DPP), Keriako Tobiko has said he will only direct the prosecution of officers involved in Mumias Sugar factory graft saga once he receives files from investigation agencies.
Tobiko who appeared before the Senate Legal Affairs committee chaired by Amos Wako (Busia) said the Department of Criminal Investigation (DCI) is investigating the looting of 3 000 bags of sugar from the factory while the Ethics and Anti-Corruption Commission (EACC) is probing committed massive corruption practices.
“Investigations into Mumias Sugar company graft are being conducted concurrently by two agencies where the DCI file is being finalized and the EACC investigation is at advanced stage,” said Tobiko.
“My office is not an investigative or arresting agency but I only direct for investigations and prosecution on files forwarded to me,” he added.
Tobiko challenged the EACC to ensure it desists from conducting shallow investigations on fraud cases since most of the 175 files forwarded to him for prosecutions approval have been cleared for lack of substantial evidence.
“EACC needs to conduct full-fledged criminal investigations rather than carrying out probe based on mere allegations,” said Tobiko.
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However, he raised the concern that his office has been facing challenges in prosecuting graft cases due to the politicians’ move to politicize the matter.
“Politicization and dragging corruption along ethnicity is a serious problem and may make the fight against corruption to die a natural death. When you make decision to prosecute cases, it becomes the question of our political party or community being targeted,” lamented Tobiko.
He added that transfers of magistrates dealing with corruptions cases have also hampered their clearance since some of them are either delayed or force a fresh hearing.
Tobiko further pointed out that there is massive corruption in counties and revealed that his office had approved the prosecution of 132 County officials from the 42 files received from EACC so far.
He cautioned that the “devolved corruption” should be fought by all ways to ensure the taxpayers' money is well utilized.
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