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No basis of prosecuting Waiguru, State declares

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DCI boss Ndegwa Muhoro, EACC chief executive Halakhe Waqo and DPP Keriako Tobiko at the anti-corruption summit plenary at State House, Nairobi, yesterday. Photo/SAMUEL KARIUKI

Investigating agencies stated yesterday that they have never received any file implicating former Devolution Cabinet Secretary Anne Waiguru in the National Youth Service (NYS) scandal to warrant her prosecution.

The Ethics and Anti-Corruption Commission (EACC) and the Director of Public Prosecutions (ODPP), yesterday said people are charged on the basis of evidence, not just because they have been mentioned in various documents, and maintained a hardline stance that the war on graft is headed in the right direction.

EACC boss Halakhe Waqo, Director of Criminal Investigations Ndegwa Muhoro and DPP Keriako Tobiko were yesterday taken to task to explain why there have not been prosecutions with regards to the NYS scandal, all of whom were in agreement that due process has to be followed.

They defended themselves against accusations that they have failed to fight corruption, saying they have been on top of their jobs, the frustrating situations they have to deal with while discharging their mandate notwithstanding. “I have not received any file implicating Waiguru…

I charge on the basis of evidence presented and no file I have received recommends her to be prosecuted,” said Tobiko. Waqo added: “We only take recommendations to the DPP against people, not because they have been mentioned in various issues.”

Muhoro concluded: “We require evidence before people can be taken to court, not based on what people are saying.” They were speaking at the State House Governance, Anti-Corruption and Accountability summit, the seventh of the series convened, where they pointed an accusing finger at the Judiciary for their dismal performance in the war against corruption.

“Investigation is not a walk in the park where one thing is immediately concluded, if not frustrating it is a difficult and lengthy process…for instance the NYS scandal started with reports of Sh791 million loss but the problem is growing, not at Sh1.8 billion and there may be more,” Waqo said.

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