EACC Opposes DPP’s move to withdraw forgery case against former public official

In a case before Chief Magistrate C.N. Ondieki, the accused person is charged with forging academic certificates to secure employment at senior level in three public institutions: ICT Manager at the Moi Teaching and Referral Hospital in 2009, ICT Manager at the Kenya Investment Authority in 2010 and Ward Administrator at the Nairobi City County Government in 2014.

The commission argued that Chapia earned salaries amounting to Ksh.9.7 million salary from his employment terms; amounts which EACC seeks to fully recover. 

According to EACC, the official earned Ksh.182,751 from Moi Teaching and Referral Hospital, Ksh.3.3 million from Kenya Investment Authority and Ksh.6.2 million from the Nairobi City County Government. 

The commission also presented evidence suggesting that Chapia's Bachelor of Science Degree certificate at Maseno University was forged as he was never a student at the University. 

Further, EACC accused the official of forging a Master of Information Technology (IT) Certificate from Daystar University as the institution told the commission that they don't offer such a course. 

The DPP, however, filed an application to withdraw the case; citing that the accused person requested the prosecutor to review the decision to charge him. 

In a rejoinder, EACC filed an affidavit on Monday, November 4, appealing to the court to dismiss the DPP's application, terming it as arbitrary, capricious and a complete disregard of public interest. 

The commission questioned the DPP's U-turn as he had initially reviewed the investigation file and agreed that there was sufficient evidence to prosecute the accused. 

"That the proposed withdrawal of the case by the DPP leads to a premature determination of the case hence undermining the seriousness of the offence with a need for deterrence," the affidavit read in part. 

EACC argued that the DPP's powers should not be an obstacle to justice but the office ought to act in due regard to the public's interest. 

The case will resume on November 7, 2024 after the DPP files its submissions.