DPP Haji Issues Clarification on Waiguru’s Graft Case

  • Kirinyaga Governor Anne Waiguru speaking during a tour in the US with Deputy President William Ruto on March 5, 2022
    Kirinyaga Governor Anne Waiguru speaking during a tour in the US with Deputy President William Ruto on March 5, 2022
    DPPS
  • The Director of Public Prosecution (DPP), Noordin Haji, has stated that investigations into the Ksh10 million graft case against Kirinyaga governor, Anne Waiguru, is ongoing despite media reports that he had recommended her prosecution.

    In a statement dated Tuesday, June 28, Deputy DPP, Grace Murungi, noted that they had not recommended Waiguru's prosecution as highlighted by a section of media.

    She clarified that Office of the DPP had sent back Waiguru's file to the Ethics and Anti-Corruption (EACC) for further investigations before a determination is made.

    DPP Noordin Haji Speaks to Editors during a conference at Serena Hotel in Mombasa.
    DPP Noordin Haji Speaks to Editors during a conference at Serena Hotel in Mombasa.
    ODPP

    "On December 7, 2021, the ODPP received an inquiry in relation to an inquiry into allegations of abuse of office for irregular receipt of imprest amounting to Ksh10,634,614 against the Kirinyaga county governor, Anne Waiguru.

    "Consequently, vide a letter dated March 25, 2022, the ODPP communicated to the EACC the critical areas that require further investigations before a final decision can be made in the matter. The EACC vide a letter dated April 1, 2022, acknowledged receipt and is currently acting on the areas identified for investigations," the statement read in part.

    Further, the ODPP called on the EACC to work on the recommendations made by Haji before proceeding with the matter.

    "It is, therefore, clear that investigations are still ongoing in regard to the matter and that the ODPP awaits the outcome of the further investigations before a decision can be made.

    "The ODPP bears a constitutional obligation to ensure that in every case, investigations are completed and the evidential and legal thresholds are met before making a decision to charge." 

    Earlier in the month, Waiguru blamed EACC boss, Twalib Mbarak, for being used by the state to block her gubernatorial bid after her name was included in a list of 241 politicians recommended for barring from the August 9 polls.

    "Were it not for constitutional safeguards that separate investigations, prosecution, and adjudication, EACC on behalf of their Harambee House masters would have hanged some of us for moving to UDA on the basis of rumour, frivolous allegations and cooked stories without the need of a trial. 

    "Fortunately, culpability under our law is determined on the basis of evidence and not by them. Trying to manage electoral issues through institutional state capture won’t cut. Not in this Kenya!" she stated.

    However, her remarks saw her come under sharp criticism from Mbarak as he stated that EACC was objective in its investigations.

    "Governor Anne Waiguru's comments are extremely shameful, as Kenyans know her well, including her social standing on integrity," he responded.

    Ethics and Anti-Corruption Commission CEO Twalib Mbarak.
    Ethics and Anti-Corruption Commission CEO Twalib Mbarak.
    File
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