Quest to charge Kabura with ly­ing turned down

Daily Nation (Kenya) - - NATIONAL NEWS - BY PA­TRICK LANG’AT

The Di­rec­tor of Pub­lic Pros­e­cu­tions (DPP) has re­jected a rec­om­men­da­tion by the anti-graft agency to charge Ms Josephine Kabura for what they said was ly­ing in her af­fi­davit in the Sh791 mil­lion NYS scan­dal.

In the af­fi­davit, Ms Kabura claimed that for­mer De­vo­lu­tion CS Anne Waig­uru “planned, fa­cil­i­tated and pro­tected the peo­ple in­volved” in the Na­tional Youth Ser­vice scan­dal.

In its sec­ond quar­terly re­port cov­er­ing April 1 to June 30, the Ethics and Anti-cor­rup­tion Com­mis­sion (EACC) said that the DPP had or­dered them to re-look into Ms Kabura's file who had fin­gered Ms Waig­uru, among oth­ers, in the scam.

“EACC to­gether with the Direc­torate of Crim­i­nal In­ves­ti­ga­tions con­ducted in­ves­ti­ga­tions and es­tab­lished that the al­le­ga­tions made against the sus­pects were bereft of truth, were de­nied in to­tal­ity, and there was no ev­i­dence in sup­port of the same,” the EACC says in its quar­terly re­port pub­lished in the Kenya Gazette of Septem­ber 28.

The EACC said it had in a June 12 let­ter to the DPP rec­om­mended that Ms Kabura, the hair­dresser who an­gered many Kenyans after she claimed she carted away mil­lions of tax­pay­ers' money in bags, be charged with the of­fence of “know­ingly mis­lead­ing a per­son" con­trary to the law.

The rev­e­la­tion by the EACC of the rec­om­men­da­tion by the DPP con­cern­ing Ms Kabura comes just a month after Ms Waig­uru, the Kirinyaga gover­nor, de­manded to know the com­mis­sion's take on the af­fi­davit that brought down her hold at the De­vo­lu­tion min­istry.

She protested that even after record­ing a state­ment with the EACC over Ms Kabura's af­fi­davit filed at the High Court in 2016, the com­mis­sion was yet to get back to her.

"Re­gret­tably, two and half years later the com­mis­sion is yet to com­mu­ni­cate to our client the out­come of the in­ves­ti­ga­tions, nor in­form the mem­bers of the pub­lic on the ve­rac­ity of the al­le­ga­tions made by Ms Kabura," part of the let­ter dated Au­gust 23 and ad­dressed to EACC CEO Halakhe Waqo reads.

The rec­om­men­da­tion to re­open Ms Kabura NYS af­fi­davit was one of the 10 that the DPP or­dered a fresh in­ves­ti­ga­tion.

Ms Josephine Kabura

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