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A total of 17 files out of the 23 files submitted by the anti-graft body to the Directorate of Public Prosecutions (DPP) were returned for further investigations.

The Ethics and Anti-Corruption Commission (EACC) in their investigation reports covering the period from January 1 to March 31 this year indicated that only one file involving a primary school head teacher was recommended for prosecution while four others were ordered closed.

Prosecution of one file involving a Makongeni police station traffic officer was also declined but the DPP recommended administrative action.

In the only case recommended for prosecution, the head teacher at Baraka Primary School in Makadara within Nairobi county had requested a financial advantage of Sh15,000 to issue an admission letter for a Grade One child who had successfully done an interview in the said school.

On February 9, 2023, a report was compiled and forwarded to the DPP with recommendation to charge the head teacher with two counts of receiving a bribe. On April 20, the DPP returned the file with recommendation for prosecution.

The EACC is required under section 36 of the Anti-Corruption and Economic Crimes Act, 2003 (ACECA), to prepare quarterly reports setting out the number of reports made to the DPP.

Among the cases reported during that period was on allegations that the Ministry of Health and Sanitation at the County Government of Kitui had flouted procurement procedures in the award of the tender for the supply, installation, commissioning and training of 10 X-ray machines to Marmut Suppliers.

However, investigations revealed that Marmut Suppliers delivered the wrong 10 X-ray machines which did not meet the contract specifications and were rejected. The Chief Officer, Health and Sanitation- Kitui county forced staff to accept the said X-ray machines and authorised payment of Sh56 million inclusive of VAT of Sh8.9 million. Investigations further established that Marmut Suppliers failed to remit taxes payable to Kenya Revenue Authority of Sh8,960,000.

Procurement law

EACC forwarded the file with recommendations to charge the then Chief Officer Health of County Government of Kitui with two counts of the offence of abuse of office; one count of willful failure to comply with the procurement law and one count of unlawful spending of public money. However, on May 10, the DPP returned the file with recommendations for further investigations.

Other cases recommended for further investigations include allegations of conflict of interest by the Head of Treasury at Kwale County Government who is alleged to own two companies which had received Sh9 million from Kwale County Government, and on allegations that two valuation reports existed for a 20 acres parcel of land in Mavoko purchased by the Ministry of Devolution at Sh38 million for construction of a rehabilitation centre for street children.

It was also alleged that the Ministry of Lands did not submit the valuation report valuing the land at Sh40 million instead it had valued the same at Sh16 million. Investigations revealed that the Deputy Head of Procurement, Ministry of Devolution presented a forged forwarding letter and a forged valuation report for Sh40 million to the Ministerial Tender Committee which awarded the tender to the businessman. A sale agreement and transfer of land was done. The businessman received a total of Sh38 million from the Ministry of Devolution which was Sh22 million more than the assessed value of the land.

On April 18, 2023 the DPP returned the file with recommendation for further investigations.