NAIROBI, Kenya Sep 8 – Former Sports Principal Secretary Peter Kirimi Kaberia and nine other individuals are set to face graft-related charges over the alleged misappropriation of Sh330 million allocated for Kenya’s preparations to host the 2018 African Nations Championship (CHAN).
The Office of the Director of Public Prosecutions (ODPP) has approved the prosecution of Kaberia alongside four former government officials and five businessmen following investigations by the Ethics and Anti-Corruption Commission (EACC).
The ODPP said its decision followed an independent assessment of the evidence contained in the EACC inquiry file.
“Upon an independent and thorough evaluation of the evidence,” the DPP determined that sufficient grounds existed to prosecute the suspects and the companies involved.
According to the ODPP statement, other individuals to be charged include Stephen Njoroge Muthuma – Senior Principal Finance Officer, Ministry of Sports, Harun Chebet Komen – Director of Administration, Ministry of Sports, Enock Ondwari Onditi – Principal Accountant, Ministry of Sports, John Kiende Ruga – Senior Superintendent Engineer, Ministry of Sports and Marcos Gonzalez Puente – Director, Auditel Kenya.
Others include Samuel Mbaa Njoroge – Director, Taxwise Consulting Limited, Kitheka Muema – Director, Restea Enterprises Limited, Anthony Mwangi Kimanthi – Director, Lease Pride Limited and Ephrahim Kinyua Muchangi – Director, Leasepath Limited.
The ODPP said five companies have also been charged in connection with the alleged financial misconduct.
The case centres on Sh330 million allocated to Kenya’s preparations to host the 2018 African Nations Championship (CHAN).
The tournament, organised by the Confederation of African Football (CAF), was hosted by Kenya in January and February 2018, with matches staged in Nairobi, Kisumu and Kakamega.
The prosecution decision now places the management and utilisation of funds set aside for the tournament at the centre of a criminal case involving former Sports Ministry officials and private-sector actors.
The ODPP described the alleged conduct as involving the misappropriation of public funds and said the approved charges are graft-related.
The charges follow investigations conducted by the Ethics and Anti-Corruption Commission (EACC).
The anti-graft agency submitted its inquiry file to the ODPP for review and guidance after completing its investigations.
The DPP said it subsequently conducted an independent assessment of the evidence before reaching the decision to prosecute.
“The DPP has determined that sufficient grounds exist to prosecute the suspects and the companies involved,” the statement said.
The decision means the suspects will now face court proceedings over the alleged financial misconduct.
Four of the individuals named by the ODPP held positions within the Ministry of Sports at the time relevant to the investigations.
They include Kaberia, who served as Principal Secretary, Senior Principal Finance Officer Stephen Njoroge Muthuma, Director of Administration Harun Chebet Komen, Principal Accountant Enock Ondwari Onditi and Senior Superintendent Engineer John Kiende Ruga.
The inclusion of officials responsible for finance, administration, accounting and engineering points to scrutiny of various aspects of the expenditure and implementation of projects connected to Kenya’s CHAN preparations.
The other five individuals named are directors of private companies.
The ODPP also confirmed that five companies have been charged alongside the individuals.
They are linked in the statement to the five businessmen named in the prosecution decision:
- Auditel Kenya
- Taxwise Consulting Limited
- Restea Enterprises Limited
- Lease Pride Limited
- Leasepath Limited
The companies are alleged to have been involved in the financial misconduct under investigation.
The ODPP’s decision paves the way for the suspects and the companies to be presented before court to face the approved charges.
The prosecution will be required to prove the allegations against each accused person and company to the required criminal standard.
The ODPP statement itself does not amount to a finding of guilt. The accused persons remain presumed innocent unless and until a court determines otherwise.
The case is expected to shed further light on how the Sh330 million CHAN allocation was utilised and the transactions that investigators allege amounted to financial misconduct.
