Director of Public Prosecutions Keriako Tobiko has ordered the anti-graft agency to conduct further probe on the misuse of Sh219 million meant for development at the former ministry of home affairs. Tobiko said there were critical gaps that need to be addressed before a final decision is made. This was after the EACC had recommended that the file against former Permanent Secretary Ministry of Home Affairs Dr Ludeki Chweya closed. The inquiry was into allegations that Dr Chweya the former Permanent Secretary in the Office of the Vice President and Ministry of Home Affairs embezzled Sh335 million meant for construction of prison houses by the Ministry of Housing.

Dr Chweya who currently heads the Kenya School of Government will be investigated over the claims. The DPP also closed a probe file on Ruaraka Member of Parliament Tom Kajwang over claims of abuse of office.

EACC wanted Kajwang be charged with abuse of office for knowingly facilitating the employment of a staffer for two roles hence drawing two salaries. The legislator had been accused of facilitating the employment of Evelyn Achieng Osogo as a research assistant at Ruaraka constituency and also as a personal assistant by the Parliamentary Service Commission. The anti-graft body further wanted Achieng to be charged with unlawful acquisition of public property.

But Tobiko said Kajwang is a member of the Chairperson’s Panel of the National Assembly and is entitled to a PA, secretary and office attendant as was resolved by the Parliamentary Service Commission. “Regulation 21 of the PSC Constituency Office 2005 entitles Kajwang a Constituency Office Manager and such other staff as he shall require subject to the ceiling of staff salary approved by the commission,” said Tobiko. He said Ms Osogo does not fall under the category of State Officer who under section 26 of the Leadership and Integrity Act 2012 are barred from participating in any other gainful employment.