Former Secretary to the Cabinet Francis Kimemia and Labour Cabinet Secretary Kazungu Kambi will not face criminal charges after the Director of Public Prosecution (DPP) Keriako Tobiko decided that there was no evidence to go forward with their files.
Mr Tobiko agreed with the Ethics and Anti-Corruption Commission (EACC) recommendation on Mr Kimemia that there was insufficient evidence on allegations that he had allocated himself and close relatives 31 government vehicles.
“The DPP is satisfied that there is no evidence to support the allegations against Francis Kimemia and therefore accepts EACC’s findings and recommendations that the file be closed for lack of evidence,” he said in a statement on Friday.
Mr Kambi was also spared from charges of abuse of office in relation to allegations of the irregular appointment of Andrew Muigai, Engineer Erastus Mwongera and Veska Kangongo as members to the board of trustees at the National Social Security Fund (NSSF).
He had earlier in the year emerged unscathed after the DPP directed that his file be closed, but the anti-graft watchdog on its own volition conducted further investigations into the matter and re-submitted the file to the prosecutor for consideration in September.
“Upon careful review of the re-submitted file, the DPP is not satisfied that the additional evidence obtained is sufficient to sustain the proposed charges,” Tobiko stated.
Senior managers from the Geothermal Development Company (GDC) – some of who were last week sent home for inflating rig charges – are among company officials who will be tried as per the DPP’s recommendations.
Mr Tobiko directed that Silas Masinde Simiyu (CEO) and Tender Committee members Abraham Saat, Nicholas Weke, Peter Omenda, Godwin Mwawongo, Caleb Indiatsi and Bruno Mugambi Linyuri be charged with criminal offences.
Company secretary Praxidis Saisi and general manager of Drilling Services Michael Mbevi will also be charged.