DPP accused of withdrawing graft case at suspect’s request
The Office of the Director of Public Prosecutions (ODPP) is once again under scrutiny for withdrawing a high-profile graft case involving the theft of hundreds of millions of shillings. What is particularly concerning is the Ethics and Anti-Corruption Commission’s (EACC) claim that the withdrawal was made at the request of the suspect.
The case involves 12 individuals, including Fredrick Mwamati, the Chief Executive Officer of the Tanathi Water Works Development Agency. It centres on the tender for the construction of the Kinanie Leather Industrial Park Water Supply Project, valued at Sh292.7 million, amid allegations of procurement fraud.
According to court documents obtained by NTV, 14 companies submitted bids for the tender. The contract was awarded to PERMA Structural Engineering Company Limited, in what the EACC claims was an irregular process.
On December 14, 2023, the EACC concluded its investigation and recommended the prosecution of Mwamati, other senior officials, and three companies involved in the alleged fraud. In June 2024, after reviewing the case, Director of Public Prosecutions Renson Ingonga directed the arrest and prosecution of nine suspects and the directors of PERMA Structural Engineering Company Limited, Antidote Agencies Limited, and Kyasi General Merchants Limited, citing sufficient evidence.
The DPP recommended nine charges, including conspiracy to commit corruption, abuse of office, three counts of failure to comply with procurement laws, three counts of conflict of interest, and four counts of unlawful acquisition of public property.
However, in a surprising development, the EACC is now protesting the DPP’s decision to withdraw the case, despite the evidence provided. The EACC alleges that the case was withdrawn following a request from the suspects to have the evidence reviewed, accusing some of them of receiving large kickbacks in connection to the tender.
In a nine-page affidavit filed in the Kitui Anti-Corruption Court, the EACC argues that the withdrawal of charges is a disregard of public interest, an abuse of the judicial process, and was done in bad faith. The Commission opposes the withdrawal, insisting that the DPP had previously consented to prosecution based on strong evidence and that the case should proceed.
This marks yet another legal confrontation between the DPP and EACC, with tensions between the two state agencies seemingly threatening to undermine the country’s fight against corruption.
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