The Director of Public Prosecutions Keriako Tobiko has withdrawn 125 graft cases and sent them back to the Ethics and Anti-Corruption Commission for review. Tobiko says his decision is informed by the Court of Appeals’ judgment in former Cabinet Secretary Michael Kamau’s case where it found that the EACC was not properly constituted when it recommended his prosecution. The Court of Appeal ruled that EACC was not properly constituted due to the absence of Commissioners and that all cases investigated and forwarded to the DPP during that period were invalid and unlawful. Among the cases affected is that of former National Youth Service Director General Nelson Githinji who stands accused of abuse of office by using public resources to service his personal vehicle at a cost of half a million.
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