By SAMUEL SIRINGI ssirngi@ke.nationmedia.com and JULIUS SIGEI jsigei@ke.nationmedia.com
Posted Friday, November 25 2011 at 22:00
Posted Friday, November 25 2011 at 22:00
IN SUMMARY
- Detectives to grill Ongeri, Saitoti and Karega over missing free primary education cash after Tobiko refers case to anti-graft agency
Director of Public Prosecutions Keriako Tobiko has ordered fresh investigations into the Sh4.6 billion free learning funds.
Mr Tobiko asked the Ethics and Anti-Corruption Commission (Eacc) to resume investigations into how senior Education ministry officials embezzled billions in outright theft, fictitious projects and diversion of money to unintended programmes.
The new orders mean that Education Minister Sam Ongeri, Internal Security Minister George Saitoti and Local Government Permanent Secretary Karega Mutahi will be investigated afresh.
Will be disciplined
Prof Saitoti was the head of the Education docket between 2003 and 2007 while Prof Mutahi was Education PS throughout the period under investigations.
“I have referred the matter to the commission because investigations carried out by the police were deficient,” he said on Friday.
Mr Tobiko also announced that four senior education officials will be disciplined pending the completion of the investigations.
He told Saturday Nation that he expected the graft watchdog to recognise the urgency of the matter and work as fast as possible.
Mr Tobiko declined to name the officials, but hinted an assistant director of education, a senior chief finance officer, a principal accountant and an accountant were on the list.
“Pending the investigations, administrative action should be taken against officers as recommended by police,” Mr Tobiko said on Friday.
Under the rules governing the conduct of public servant, the officials could be interdicted, transferred or demoted as investigations get under way. Those suspended will be on half pay until investigations are completed.
Disciplinary action will be the only recommendation Mr Tobiko upheld from the investigations conducted by the Criminal Investigations Department.
The police report failed to come up with any grounds on which education officials could be charged with corruption, preferring to recommend disciplinary action on a select group of officials.
Besides, the police had also recommended that quantity surveyors from the Works ministry be called in to investigate further.
The quantity surveyors, the police said, were better placed to assess structures erected using the free learning funds and ascertain if the expenditure was plausible.
Mr Tobiko said he disagreed with the police findings that there was insufficient evidence to charge any of the officials.
“This is not to cast aspersions on the Criminal Investigation Department which conducted the investigations but the Eacc is more competent to handle the case as they have a forensic department and valuers,” the DPP said.
Mr Tobiko received the CID report on October 21 and appointed a team “to subject the report to an independent review and evaluation of evidence.”
“I will make a decision on the next step of action when the commission (Eacc) returns its findings to me,” he said in a case that could see more than 100 top Education officials charged in court.
The police were meant to further investigate and recommend for prosecution people who were involved in the theft of the Sh4.6 billion between 2005 and 2008.
Their recommendations were to be based on the report of the Extended Forensic Audit of Kenya Education Sector Support Programme.
Rather than conclude the matter, the CID also recommended further investigations to be carried out.
Mr Tobiko’s move appears to prove right those who had criticised a decision by Finance Minister Uhuru Kenyatta to send the forensic report to the police, instead of handing it over to the then called Kenya Anti-Corruption Commission.
The commission’s investigations led to the charging in court of more than 10 ministry officials.Mr Uhuru’s decision came under the spotlight because the commission was already handling the initial investigations that involved the loss of Sh103 million.
Director of the independent anti-corruption watchdog, Mars Group, Mwalimu Mati criticised Mr Kenyatta for side-stepping the commission.
“By giving the investigation to the police, these people just want to kill this case like they did with the Goldenberg case,” he said.
The commission should have been allowed to continue with the investigations, he said.
The audit by the Treasury covered the period between July 2005 and end of June 2009.
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