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Investigations into the diversion of condemned sugar that had been earmarked for conversion into industrial ethanol has been finalised and the file forwarded to the Office of the Director of Public Prosecutions (ODPP).

The detectives from the Directorate of Criminal Investigations (DCI) have recommended that top managers of the Kenya Bureau of Standards (Kebs) and the Kenya Revenue Authority (KRA) be charged with various offenses, among them abuse of office.

The detectives had on Wednesday planned to charge some of the suspects but it was cancelled to allow the suspension of the 27 officials from various agencies and the review of the file by the DPP.

Several officials will be charged while some will be treated as witnesses, according to the DCI’s recommendations to the DPP. The detectives also recommended that others be dealt with administratively or internally.

Con the minister

Among those sent home to pave way for the investigations are attached to the Kebs, KRA, National Police Service and Agriculture and Food Authority (AFA).

Head of Public Service Felix Koskei on Wednesday evening announced the suspension of the said public officers, adding that President William Ruto had been briefed on the irregular and criminal release of condemned sugar that had been earmarked for conversion into industrial ethanol.”

“It has since been established that the consignment was irregularly diverted and unprocedurally released. Further, the conditions relating to open and competitive enlisting of the distiller were breached and the applicable taxes were not paid,” reads the statement in part.

“It is manifest that some officers in the relevant agencies abdicated their responsibilities, at the risk of public harm,” he added.

The suspended officials include those from Kebs including the Managing Director Lt Col (Rtd) Bernard Njiraini, Dr Geoffrey Muriira (Director of Quality Assurance and Inspection), Hilda Keror (Manager Inspection, Mombasa Port Office), Liston Lagat (Assistant Manager, ICDN Nairobi), Stephen Owuor (Principal Officer), and Peter Olima Joseph (Inspector, Mombasa).

Those affected in KRA include Joseph Kaguru, Mwanja Masinde, Stephen Muiruri, Moses Okoth, Doris Mutembei, Chacha Hondo, Carol Nyagechi and Derick Kago.

Other officials from police who are part of a multi-agency team that handled the sugar and were also suspended include George Mithamo, Joel Kirui, Benard Ngumbi and Raphael Mwaka.

Others include Joseph Maita Mweni (Port Health), Isacko Bonai (NEMA), Stephen Cheruiyot (Anti-Counterfeit Agency), Daniel Ngugi (KEPHIS), Willy Koskei (EACC), and Edwin Ruto (KPA).

AFA officials affected are Oscar Kai and Patrick Magut.

The consignment of 20,000 bags of sugar each weighing 50kgs had been imported into the country in 2018 by Merako Investments Limited from Harare, Zimbabwe but was condemned by KeBS for want of expiry date specification.

But it was later decided that the consignment be converted for industrial ethanol use, which was to be implemented under the joint supervision of Kebs and the National Environment Management Authority (NEMA), within a multi-agency framework.

The process of turning the product into ethanol can only be done at four agencies, which include Kenya Wines Agency and Agro-Chemical and Food Company Limited (ACFC).

According to the probe, after KeBS condemned the sugar, it was taken to a go-down in Makongeni, Thika awaiting disposal orders.