Anthony Mwangi and Bernice Mbugua @PeopleDailyKe
Ethics and Anti-Corruption Commission (EACC) and the Director of Public Prosecutions (DPP) yesterday appeared to clash over whether to prosecute Auditor General Edward Ouko or not.
Appearing before a parliamentary committee, EACC deputy chief executive Michael Mubea said Ouko had overruled a junior staff in his office and approved a payment voucher for an irregular Sh100 million contract against the estimated cost of Sh18 million.
But DPP Keriako Tobiko said he is not bound by the EACC on how to handle evidence presented to him. Appearing before the National Assembly Finance committee to respond to a petition filed against Ouko, Tobiko said his decision on the auditor’s prosecution was pursuant to his constitutional mandate.
“The decision to withdraw the charges against Ouko was based on my independent and careful assessment of the evidence in the file and the law governing the making of prosecutorial decisions,” Tobiko said.
This came even as the High Court allowed Ouko to file for orders prohibiting the committee from discussing a pettion that seeks his removal from office.
Justice George Odunga also allowed Ouko to file an order barring National Assembly Speaker from forwarding any recommendations to the President on the constitution of a tribunal to investigate his conduct and oust him from office.
The auditor general was also granted leave to file an order restraining the President from acting on recommendations of Parliament pending determination of the suit.
Ouko claims he was not given adequate notice to prepare his defence in a petition filed against him in Parliament. He accuses the House committee of failing to observe his right to cross examine the accuser.
Judge Odunga directed that the matter be placed before constitutional division judge Chacha Mwita on Monday for further directions.
The post Mubea, Tobiko clash over Ouko case appeared first on Mediamax Network Limited.