The Ethics and Anti-Corruption Commission (EACC) has recommended the prosecution of former Tourism Cabinet Secretary Najib Balala over alleged abuse of office among other economic crimes.
In a progress report on its investigations of graft cases released on Friday, the Commission noted that the former CS had been investigated over the tendering of the Ksh10.4 billion Ronald Ngala Utalii College.
According to the EACC, the cost of the institution was inflated by over Ksh8 billion by officials from the Tourism Fund.
The money was allegedly paid to various firms for consultancy services.
The commission has also recommended the prosecution of a former PS in the Ministry who it did not name for their role in overseeing the transaction as well as Catering Tourism and Development Levy Trustees.
"It was established that the Tourism Fund contracted private consultants to come up with drawings and designs for the college and also to supervise the main contractor. The drawings and designs were done and approved with a cost estimated at Ksh8.6 billion.
"Investigations established that the Cabinet in its memo signed by The Minister for Tourism on May 22, 2007 and Minister for Finance on August 20 2007, approved the construction of Utalii College in Vipingo at a cost of Ksh1.948 Billion," read the report in part.
EACC documented that it had already submitted the investigation file to the Office of the Directorate Of Public Prosecutions (ODPP).
The ODPP is set to review the file and give recommendations on whether EACC has enough evidence to charge the officials.
Naturally, the ODPP will either give the green light for Balala and the other officials to be charged or recommend for more investigations to be done.
"A report was compiled and forwarded to the DPP with recommendations to charge former Cabinet Secretary with five counts of wilful failure to comply with the law relating to procurement contrary to section 45 (2) (b) as read with section 48 (1) of Anti-Corruption and Economic Crimes Act, 2003.
"Four counts of unlawful acquisition of public property contrary to section 45(1) (a) as read with section 48 (1) of the Anti-Corruption and Economic Crimes Act, 2003 and one count of abuse of office contrary to section 46 as read with section 48 (1) of the Anti-Corruption and Economic Crimes Act," read the report.
Balala is the second former CS who is facing graft charges. EACC also recommended that former Treasury CS Ukur Yatani be charged over the controversial acquisition of Telkom Kenya alongside Controller of Budget Margaret Nyakang'o.