The anti-graft agency wants former tourism Cabinet Secretary Najib Balala and other senior officials at the ministry be charged with corruption over a Sh8.5 billion stalled project in Kilifi.
Apart from Balala, the Ethics and Anti Corruption Commission wants his then Principal Secretary Leah Gwiyo, and the former Tourism Fund CEO, among others be charged for the alleged fraudulent acquisition of public funds.
According to the EACC, the Tourism Fund illegally paid Sh8.5 billion for the setting up of a satellite Utalii College in the area.
The Sh8.5 billion resulted from an increase in the cost of establishing the branch from Sh1.95 billion to Sh10.4 billion.
According to the EACC, the construction of the college in Vipingo was approved at a cost of Sh1.948 billion in a cabinet memo signed by Balala on May 22, 2007 and his finance counterpart on August 20 2007.
EACC’s probe revealed how some private consultants were contracted by the tourism fund to come up with architectural designs and drawings of the college and to also supervise the main contractor.
The drawings and designs were approved at a cost of Sh8.6 billion.
The tender for the construction of the Kenya Utalii College’s coast branch, later renamed Ronald Ngala Utalii College, was awarded in May 2013 at a cost of Sh8.9 billion, compared to the approved cabinet amount of Sh1.948 billion.
According to the EACC, the named individuals conspired to defraud the public by approving payments despite knowing there were insufficient resources in the budget.
The report, which is currently being reviewed by the Office of the Director of Public Prosecutions recommends the prosecution of Balala, the former PS, the former CEO of the catering tourism and development levy trustees, the procurement manager of the catering tourism and development levy trustees, Baseline Architects, Rebman Malala t/a Ujenzi consultants, Armitech consulting engineers, and members of the Tender Committee.
The EACC has recommended five counts of willful failure to comply with procurement laws, as read in conjunction with the Anti-Corruption and Economic Crimes Act 2003, four counts of unlawful acquisition of public property, and one count of abuse of office.
The CEO of the catering tourism and development levy trustees, members of the tender committee, the sole proprietor of Ujenzi Consultants, the directors of Mulji Devraj, and the brothers face additional charges that include one count of deceiving principal in violation of the law.
According to investigations, Rea Vipingo Company Limited donated the land on which the college was to be built.
If approved, these would be the highest ranking officials to face charges spanning from the past regime.
