The Director of Public Prosecutions (DPP) has approved the prosecution of former Sports Principal Secretary, Ambassador Peter Kirimi Kaberia and nine other individuals over the alleged misuse of Ksh330 million set aside for Kenya’s preparations to host the 2018 African Nations Championship (CHAN).
The decision follows investigations by the Ethics and Anti-Corruption Commission (EACC), which submitted its inquiry file to the Office of the Director of Public Prosecutions (ODPP) for review and guidance.
In its assessment, the DPP said an independent review of the evidence established sufficient grounds to institute criminal proceedings against the individuals and companies allegedly linked to the irregular expenditure of the public funds.
Among those facing prosecution are four former Ministry of Sports officials: Stephen Njoroge Muthuma, Senior Principal Finance Officer; Harun Chebet Komen, Director of Administration; Enock Ondwari Onditi, Principal Accountant; and John Kiende Ruga, Senior Superintendent Engineer.
The businessmen named in the case are Marcos Gonzalez Puente, director of Auditel Kenya; Samuel Mbaa Njoroge, director of Taxwise Consulting Limited; Kitheka Muema, director of Restea Enterprises Limited; Anthony Mwangi Kimanthi, director of Lease Pride Limited; and Ephrahim Kinyua Muchangi, director of Leasepath Limited.
The companies listed for prosecution are Auditel Kenya, Taxwise Consulting Limited, Restea Enterprises Limited, Lease Pride Limited, Leasepath Limited and Liroma Assurance.
According to the DPP, the suspects and entities will face a range of charges arising from the handling of the CHAN preparation funds.
The charges include abuse of office, unlawful acquisition of public property, failure to comply with procurement laws, acquisition of proceeds of crime and financial misconduct.
The case places scrutiny on how public resources earmarked for a major international sporting event were administered, with investigators alleging that the funds were subjected to transactions that did not comply with the law.
The Ksh330 million was allocated to support Kenya's preparations for the 2018 CHAN tournament. The competition, organised by the Confederation of African Football (CAF), was eventually hosted by Morocco after Kenya was stripped of the hosting rights due to concerns about its preparedness.
The prosecution approval marks a significant step in the long-running inquiry into the use of funds associated with the tournament preparations.
The DPP's decision does not, however, amount to a finding of guilt. The accused persons and companies will have an opportunity to challenge the allegations in court, where the prosecution will be required to prove its case.
The ODPP said its decision reflects its commitment to upholding the rule of law, safeguarding public resources, promoting integrity and ensuring accountability in the management of public affairs.
The charges are expected to bring renewed attention to financial management within the sports ministry, particularly the systems used to procure goods and services and administer funds allocated to major sporting events.
