The Directorate of Criminal Investigations (DCI) has recommended charges against Judy Chepchirchir, Director of First Choice Recruitment and Consultancy Agency, for obtaining money by false pretenses.
The move follows widespread allegations of fraud after some 5,000 youths claimed that they were defrauded by the agency.
The group was defrauded in a scheme that promised them overseas job placements, particularly in the run-up to the 2022 Qatar World Cup.
DCI assistant inspector-general Paul Wachira presented the findings before the Senate Committee on Labour and Social Welfare, chaired by Senator Julius Murgor.
Wachira revealed that 201 victims who were defrauded a total of Sh8 million had recorded statements.
He noted that the true number of victims could be significantly higher with the DCI recommending that Chepchirchir be charged under Section 313 of the Penal Code, which carries a maximum sentence of three years for obtaining by false pretenses.
However, some senators expressed dissatisfaction with the limited scope of the charges.
Committee vice-chairperson George Mbugua questioned whether the DCI was being lenient, considering the scale of the alleged scam.
Senator Samson Cherarkey, who sought the statement, suggested the agency’s director should also face charges of forgery, data protection violations—particularly regarding the collection of blood samples—and intimidation of witnesses.
The Assets Recovery Agency, which was tasked with repossessing assets of the agency, requested 90 days to enforce the committee’s recommendations.
Meanwhile, the Ethics and Anti-Corruption Commission (EACC) distanced itself from the investigation, arguing that the offences fell under the Penal Code, not the Anti-Corruption and Economic Crimes Act.
EACC deputy chief executive officer Abdi Mohamud confirmed that the commission had not pursued the case, leaving the DCI to lead the charge.
Frustration over the perceived inaction of key institutions, including the Office of the Director of Public Prosecution (ODPP) and the Commission on Administrative Justice (CAJ), was palpable during the hearing.
Senators openly questioned whether Chepchirchir was receiving special protection. The lead petitioner, Kimutai Kirui, representing the victims, echoed these sentiments, accusing the ODPP of delaying justice and calling for reforms to address what he described as “the monster of impunity”.
The Senate Committee resolved to summon Chepchirchir to appear before the Committee on 3rd October 2024.
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