Editor's Review

The DPP confirmed that it had reviewed inquiry files forwarded by the EACC and found sufficient grounds to prosecute the two leaders alongside several county officials and private contractors.

The Director of Public Prosecutions (DPP) Renson Ingonga has recommended corruption and economic crimes charges against Bomet Governor Hillary Barchok and former Bungoma Governor Wycliffe Wangamati following investigations by the Ethics and Anti-Corruption Commission (EACC).

In a statement on Thursday, August 28, Ingonga confirmed that his office had reviewed inquiry files forwarded by the EACC and found sufficient grounds to prosecute the two leaders alongside several county officials and private contractors.

The inquiry into Barchok centered on allegations of conflict of interest and receipt of Ksh2.75 million from companies that conducted business with the County Government of Bomet between the financial years 2019/2020 and 2024/2025.

"The EACC recommended that Governor Hillary Kipng’eno Barchok and Evans Kipkoech Korir, the Director of Chemasus Construction Limited, be arraigned in court," the statement read.

Ingonga added that the investigations established evidence to sustain charges including conflict of interest, unlawful acquisition of public property, and acquisition of proceeds of crime.

"Upon thorough review, I have directed that Hillary Kipng’eno Barchok be charged with conflict of interest contrary to section 42(3) as read with section 48 of the Anti-Corruption and Economic Crimes Act, and unlawful acquisition of public property," the statement added.

Ingonga further directed that Barchok, Evans Korir, and Chemasus Construction Ltd be charged jointly with acquisition of proceeds of crime.

File image of Hillary Barchok

The second inquiry involved allegations of embezzlement of Ksh70.2 million by Wangamati, county officials, and directors of private companies linked to county tenders.

According to Ingonga, the funds were siphoned through irregular procurement processes and fraudulent companies connected to county officials and associates of the former governor.

"The EACC recommended that Wycliffe Wafula Wangamati, together with various county officials and company directors, be charged with conflict of interest, acquisition of proceeds of crime, willful failure to comply with procurement laws, and fraudulent practices in procurement proceedings," the statement further read.

Ingonga confirmed that his office had approved multiple charges against Wangamati and several associates.

"I have directed that Wycliffe Wangamati be charged with conflict of interest contrary to section 42(3) as read with sections 38 and 48 of the Anti-Corruption and Economic Crimes Act," the statement noted.

In addition, several company directors, including Michael Wangamati, Nicholas Wangamati, Edward Barasa Wangamati, and others, will face charges relating to the acquisition of proceeds of crime and fraudulent practices in procurement.

File image of Wycliffe Wangamati

Regarding other high-profile corruption inquiries, Ingonga noted that not all investigations were ready for prosecution.

In Marsabit, the DPP confirmed that the file on County Executive Committee Member for Finance and Economic Planning, Malicha Boru Wario, over alleged conflict of interest in tenders worth Ksh309.6 million, had been returned to the EACC for further investigations.

“I have identified critical evidentiary gaps that require to be covered by way of further investigations. I have therefore directed that the inquiry file be re-submitted to the EACC," he said.

Similarly, in Kiambu, an inquiry into a Ksh230 million tender for an Enterprise Resource Planning (ERP) system awarded to Filtronic International Ltd, and another involving Governor Kimani Wamatangi over alleged conflict of interest during his tenure as chair of the Senate Roads and Transportation Committee, were also sent back to the EACC.

“I have identified critical evidentiary gaps that require further investigations before a prosecutorial decision can be made,” he explained.

In another file, the DPP directed further probes into allegations against Marsabit Governor Mohamed Mohamud Ali, accused of involvement in tenders valued at Ksh728.8 million awarded to companies linked to him and close associates.

"The inquiry into Governor Mohamed Ali raises serious questions of conflict of interest and conspiracy to commit corruption. However, I have directed that the file be resubmitted to the EACC for further investigations to strengthen the evidentiary foundation," he added.