Director of Public Prosecutions Keriako Tobiko has refused to terminate investigations into the irregular transfer of Integrity Centre.
Instead, the DPP has ordered the Ethics and Anti- Corruption Commission to further investigate the matter.
Integrity Centre is the EACC’s headquarters building.
A statement from the DPP’s office signed by head of communications Beatrice Omari says: “The EACC investigated the allegations and, from the evidence obtained, found no criminal culpability on the part of any public officer. The EACC therefore recommended that the file be closed with no further action.
“Upon independent analysis of the evidence in the inquiry file, the DPP noted critical gaps in the file which must be addressed before a final decision is made.”
EACC commissioners in April 2015 suspended Deputy CEO Michael Mubea for 90 days as investigations into the sale of Integrity Centre went on.
The EACC started investigations into the sale of Integrity Centre in May 2013 and several senior managers, including the head of the Deposit Protection Fund, have recorded statements.
Documents indicate that Integrity Centre was sold to its new owners for Sh400 million in June 2013 while the EACC was a tenant in the building, which was in the custody of the Deposit Protection Fund Board.
However, according to documents and records at the ministry of Lands, the building, which stands on 0.4867 hectares of prime land, was estimated to be worth Sh450 million by the government valuer.
Integrity Centre was built and operated for years as Trade Bank, an institution that went under and whose top bosses fled the country.
Tension has been brewing between the commission and its secretariat over the progress of some investigations. It went into overdrive when the three commissioners demanded an audit of all the files, following accusations of delays by the Justice and Legal Affairs Committee of Parliament.
Meanwhile, the DPP has directed that further investigations be conducted into allegations that former Permanent Secretary Ludeki Chweya embezzled or misappropriated Sh116 million paid to the ministry of Housing for the purchase of 120 units to house Prisons Department staff and another Sh219.8 million allocated by the government for a proposed borstal school for girls at Kamae (Kamiti) between financial years 2008/2009 and 2012/2013.
The DPP has approved EACC recommendations to prosecute Isiolo county secretary Ibrahim Wako Boru, members of the Isiolo County Tender Committee, head of supply chain management Charles Gichihi Mungai and the directors of Shamsalab Construction Company Limited over allegations of procurement corruption.