EACC files on three governors not actionable due to gaps - DPP

DPP Noordin Haji and EACC chairman Eliud Wabukala at the EACC offices on April 18, 2018. /JOSEPH NDUNDA
DPP Noordin Haji and EACC chairman Eliud Wabukala at the EACC offices on April 18, 2018. /JOSEPH NDUNDA

Only one of the four EACC files on governors

is actionable, DPP Noordin Haji told the Senate on Wednesday.

The remaining three, he said, had gaps so they were returned to the Ethics and Anti-Corruption Commission.

Haji's shocker came days after EACC Chairman Eliud Wabukhala told the committee that they had watertight cases against the four governors.

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The DPP confirmed receiving 57 files from the commission.

Most of the cases recommended for prosecution involve amounts of between Sh5,000 and Sh10,000.

One of those returned for lack of evidence concerns the Sh3.2 billion Ruaraka land scandal which Haji maintained is not actionable as it is riddled with gaps.

"We have acted on all files brought by the EACC," Haji said, adding that the commission and the DCI have had challenges in piecing together high profile cases.

"To be frank, I think both the EACC and DCI lack expertise in some areas."

The DPP faced the Justice and Legal Affairs Committee to shed light on corruption cases.

He put banks on notice, accusing them of facilitating the irregular transfer of amounts of cash that exceed limits.

The DPP earlier said his office cannot prosecute corruption cases forwarded by the EACC as evidence is insufficient.

This means the prosecution will have to rely on defense teams and conduct further investigations, he said.

"I understand there is much pressure for investigation agencies to crack corruption cases. However, we have identified several gaps touching on oversight and lack of serious scrutiny," he told the Senators.

Scandals have rocked organisations such as the

(Sh9 billion), the

(Sh1.9 billion),

(Sh95 billion), and the

.

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