Tobiko distances himself from 'slow pursuit' of Chickengate criminals

DPP Keriako Tobiko gestures when he appeared before parliamentary committee to give progress on the prosecution of those involved in the pyramid schemes./FILE
DPP Keriako Tobiko gestures when he appeared before parliamentary committee to give progress on the prosecution of those involved in the pyramid schemes./FILE

The DPP has distanced himself from the "slow pursuit" of a case in which former Kenyan election and examination officials allegedly received bribes from a UK firm.

Smith and Ouzman was convicted of bribing Knec and IEBC officials and others in Mauritania and ordered to pay a £2.2 million (Sh330 million) fine.

Keriako Tobiko issued clarifications on Monday after Kenyans on Twitter, via hash tag #DPPForgetsChickenGate, said the EACC and the ODPP are dealing too slowly with corruption.

No Kenyan officials mentioned in the case have been been sentenced more than a year after the company's officials were convicted.

In a statement to newsrooms on Monday, Tobiko said his office is mandated with prosecuting, not investigating criminal cases.

"The Chickengate scandal is under probe by Ethics and Anti-Corruption Commission. The status will be communicated when the DPP receives the file," he said

"The office has a legal mandate to direct the Inspector General of Police or any other legally mandated agency to investigate any information or allegation of criminal conduct."

Tobiko noted that in exercising its powers, his office may institute and undertake criminal proceedings against any person before any court, other than the court martial.

“The DPP shall not require the consent of any person or authority for commencement of criminal proceedings,” he said.

Court filings list IEBC chairman Issack Hassan, former Energy CS David Chirchir and former Knec boss Paul Wasanga as some of those linked to the scandal.

Others are former IEBC chief executive James Oswago, lawyer Kennedy Nyaundi and senior procurement officer Kenneth Karani.

Regarding the slow conviction process, Wiper leader Kalonzo Musyoka wrote: "Millet cannot expect justice from a court composed of chickens."

Cyprian Nyakundi said: “Bribe-givers convicted in the United Kingdom while takers are preparing to run another election in Kenya."

Another user termed it a case of "complicity to defeat justice".

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