Hassan Wario, Richard Ekai face charges over Rio Olympics mess

Sports Cabinet Secretary Hassan Wario speaks during a Press Conference on August 25, 2016, at his Kencom House offices in Nairobi. PHOTO SIMON MAINA |

What you need to know:

  • Focus on overpayment of allowances
  • DPP wants top officials in Sports Ministry charged with abuse of office during Olympics
  • Tobiko wants Wario and Ekai charged with abuse of office over the loss of over Sh100 million relating to the Olympic games in August last year.

The Director of Public Prosecutions Keriako Tobiko wants Sports Cabinet Secretary Hassan Wario and Principal Secretary Richard Ekai charged with abuse of office during the Rio Olympic Games.

Tobiko wants Wario and Ekai charged with abuse of office over the loss of over Sh100 million relating to the Olympic games in August last year.

Should the duo be charged, they will be forced to step aside until they clear their names. Tobiko also recommended that the Director of Administration at the Sports Ministry, Haron Komen, should also be charged.

“The persons who should bear the greatest criminal culpability for authorising (or) approving the unlawful payments are the following; Dr Hassan Wario Arero — CS, Ministry of Sports, Culture and the Arts (because he) chaired the Steering Committee meeting (in) which the budget was presented, (and) which had allowances which exceeded the SRC guidelines,” reads a letter from Tobiko to the Director of Criminal Investigations (CID) Ndegwa Muhoro, dated January 12 this year.

Also to face charges is the director of administration at the ministry, Mr Haron Chebet, who, as the holder of the Authority to Incur Expenditure (AIE), failed to advise that the payments of allowances be stopped because they exceeded the SRC guidelines.

On the spot are top Sports ministry and National Olympics Committee – Kenya (Nock) officials over the alleged overpayment of allowances to athletes and the officials of the games’ Central Management Committee amounting to Sh15.9 million.

Tobiko further directed Muhoro and his deputy Emily Kamau to liaise and ensure all the outstanding areas are addressed expeditiously and files are submitted within 14 days to have these offices face the law.

“The investigations team will be guided by the ODPP team headed by Ms. Emily Kamau,” said Tobiko in a letter dated January 12, 2017 to Muhoro, who had launched inquiry into the alleged mismanagement of Team Kenya, which participated in the 2016 Rio Olympic Summer Games.

Tobiko also directed the Ethics and Anti-Corruption Commission (EACC), Kenya Revenue Authority and the Asset Recovery Agency (ARA) be brought on board to deal with matters falling within their respective mandates.

“Surcharging of all officials found responsible for loss of public funds be considered in addition to any criminal culpability,” said Tobiko, adding that investigations should be carried out on all government and the National Olympic Committee of Kenya (Nock) officials involved in the Rio 2016 Olympics.

Tobiko explained that the offences the top ministry officials are alleged to have committed are under Abuse of Office Contrary top Section 46 as read with Section 40 of Anti-Corruption and Section 101 of the Penal Code.

They were also in Breach of trust by persons employed in the public service contrary to Section 127 (1) as read in with Section 127 (2) of the Penal Code. “They also neglected official duty contrary to Section 128 of the Penal Code,” said Tobiko.