Speaking before the Senate on Thursday, October 17, 2024, EACC Deputy CEO Abdi Mohamud made this revelation during the ongoing impeachment proceedings against DP Gachagua.
During the session, Mohamud emphasized that the EACC had not previously launched any investigations into the Deputy President or companies associated with him.
“We have not investigated Deputy President Rigathi Gachagua for any criminal matter in the past. That is our position,” he stated.
He said that the commission can only begin investigations after analyzing formal reports.
Senators also pressed Mohamud on allegations of corruption tied to DP Gachagua and companies linked to him.
Mohamud also acknowledged the EACC’s ability to investigate corruption-related matters, but only after determining whether they fall within their mandate. He stressed that, without sufficient grounds or reports, certain issues like inheritance disputes are considered civil matters unless criminal activity is involved.
“To Senator Omogeni, we have not investigated any company associated with DP Gachagua so far, and that is our position. Senator for Kakamega, we have not investigated all five of the items that you have told us that are corrupt-related because a report has not been made.
“Of course, we have the power to investigate, but only after we have analyzed the report and see if it fits within our mandate. Like if you deal with issues of inheritance, unless there is a criminal aspect to it, it’s handled as a civil matter,” Mohamud told the senate.
Mohamud touched on the Gen Z uprising, stating that while the event was well-known, the EACC had not received any reports detailing corruption linked to the uprising and the DP.
“During the Gen Z uprising, we have no report; we know it happened, but the corruption bit of it, we do not have facts. Questions as to whether we want to press charges on companies associated with DP Gachagua, we have not investigated; we can only recommend charges to DPP after investigation,” he added.
The Deputy CEO also addressed the Kenya Medical Supplies Authority (KEMSA) issue, specifically regarding the procurement of insecticide-treated mosquito nets. He confirmed that the EACC had investigated the matter following a request from the then Cabinet Secretary (CS).
He said that investigation uncovered irregularities, particularly a change in specifications that benefited a company called Shobikaa Impex Limited. This company, represented locally by Crystal Kenya Limited, was found to have an exclusive contract to supply certain mosquito nets containing specific chemicals. According to Mohamud, the procurement process faced “serious challenges” that affected the tender’s integrity.
The EACC official also addressed concerns over the commission’s absence from a National Assembly hearing related to the impeachment proceedings. Mohamud clarified that the EACC had not been invited to attend that particular session.
However, they were summoned to the Senate hearing and were present in response to that summons.