The Ethics and Anti-Corruption Commission has reported that only a small fraction of corruption investigations submitted to the Director of Public Prosecutions have been cleared to go to court, leaving the majority unresolved and highlighting ongoing obstacles in tackling graft involving public funds.
Between July 1 and September 30, the EACC completed 58 corruption investigations and forwarded them to the DPP. However, only 12 files received approval for prosecution, while others were returned for further inquiry, recommended for closure, or remain pending direction.
“The DPP has approved 12 cases for prosecution and returned 20 files for further investigations. The DPP recommended the closure of four files. Only 20 files are awaiting advice,” the quarterly report states.
The investigations cover both national and county government officials, including current and former governors. Allegations range from embezzlement and misappropriation of funds to procurement breaches, conflict of interest, money laundering, and cases where junior staff were allegedly used to divert public money.
The slow pace of approvals has sparked public concern over delays in prosecuting high-profile officials. In the previous quarter, only four out of 44 cases were cleared, raising questions about the speed at which senior public officers are held accountable.
The DPP’s office has defended its process, noting that prosecutions proceed only when cases meet the required legal standards, while weak or incomplete files are not pursued to prevent misuse of the courts.
Most files approved for prosecution involve lower-level employees. These include a Nairobi City Water and Sewerage Company staff member accused of securing an artisan job using a forged Kenya Certificate of Secondary Education and an Office of the Auditor General worker suspected of using falsified documents to obtain a driver position.
Other minor cases include another Nairobi Water employee who allegedly presented a forged ICT diploma, two Kenya Medical Training College staff accused of using fake certificates, and a Directorate of Criminal Investigations officer in Kilungu, Makueni County, charged with receiving a Sh40,000 bribe.
Additionally, a Kisumu City Manager faces prosecution for abuse of office and forgery after allegedly enabling a bank employee to attend a forum intended for Kisumu County officials only.
High-profile investigations also received approval. These include claims that a former Bungoma governor and senior county officials misappropriated Sh70.2 million, and a case where the Bomet governor is alleged to have received Sh2.7 million from six companies trading with the county.
Among the 20 files sent back for further investigation are procurement irregularities in Kiambu County valued at over Sh1.4 billion, and allegations that a former Kiambu governor influenced tenders worth Sh1.24 billion through conflict of interest and unlawful acquisition of public property.
Other files needing more probing include a Moi University procurement issue linked to a Sh1.1 billion library tender awarded to Dinesh Construction, and a case against Rongai MP Paul Chebor, who is under investigation for allegedly using forged academic certificates to enroll in a degree programme at Mount Kenya University.
Cases recommended for closure include irregular medical insurance procurement in Laikipia County worth Sh112 million and embezzlement of Sh138 million at the West Kano Scheme through the Kenya National Trading Corporation.
