The Ethics and Anti Corruption Commission has denied going after Controller of budget Margaret Nyakang’o to settle political scores.
Nyakang’o had moved to court seeking to stop her prosecution and arrest in the 6 Billion Telcom deal scandal.
She got orders stopping her arrest over the said Telcom deal pending determination of the case.
However, in their response, EACC have dismissed the claims saying their investigations were not politically instigated as claimed by Nyakang’o.
“its investigations are not an abuse of power nor were they politically orchestrated. Further that the allegation that she was coerced to release Kshs. 15 billion from the public coffers is an issue that can be raised in trial fi she is charged,” the affidavit reads.
Christine Ombaka an investigator with EACC says she was part of a team that investigated allegations of irregular acquisition of Telkom Kenya shares by the Government of Kenya from Helios Investments at a cost of Kshs. 6 billion in FY 2022/2023, involving the
Nyakang’o , who is the Controller of Budget.
She further says that investigations into acts of corruption and economic crimes by the Commission against any public officer, is a lawful procedure, anchored ni the Constitution and the Law.
Ombaka says that received a complaint from the Clerk to the National Assembly in a letter dated March 6 2023 ni regard to allegations of irregular acquisition of Telkom Kenya Limited Shares by the Government of Kenya from Helios Investments at a cost of Sh 6 billion in FY 2022/2023.
They carried out independent investigations on the aforesaid allegations, prepared and forwarded a report to the DPP under section 35 of the Anti-Corruption a n d Economic Crimes Act setting out all the evidence that was obtained in the course of its
investigations and its recommendations ni light of the evidence presented.
“EACC has not ordered for any arrest of the Petitioner as the DPP is yet to give directions on charging of any suspect in the matter,” reads court papers.
Ombaka argues that the application by Nyakang’o is
frivolous, vexatious and a clear abuse of the court process.
She claims that the case was filed with the aim of circumventing any trial and getting the High Court to sit and determine issues before the same are presented for determination by the trial court.
