A man wants Energy PS Joseph Njoroge charged alongside top Kenya Power managers over the Sh800 million transformer scandal.
Justus Kimeli Rotich is questioning why Njoroge was omitted from the list of suspects in the scandal that led to prosecution of former CEO Ken Tarus, his predecessor Ben Chumo and other top managers.
In his petition before the the High Court, Rotich accuses the Director of Public Prosecutions of targeting certain individuals while leaving out people who were directly involved in the procurement process.
“Njoroge was the KPLC Managing Director from June 2007 to May 2013 when some of the alleged procurement offences were committed but the prosecution decided to leave him out which amounts to selective prosecution and abuse of power,” said Rotich.
He wants the court to compel the DPP and the Director of Criminal Investigations to investigate and charge the PS with the same offences facing Tarus and Chumo within the next three months.
Rotich submitted that several witness statements he has reviewed have established the PS was part of the procurement process within the period the offences are alleged to have happened and should never have missed from the accused persons list.
In the event the DPP and the DCI fail to charge the PS, Rotich wants the court to allow him to institute private prosecution against Njoroge.
Other accused were Company Secretary Beatrice Meso, Commercial Services Manager K.P. Mungai, Finance Manager Joshua Mutua, ICT Manager Abubakar Swaleh, Regional Coordination Manager Samuel Ndirangu and Supply Chain Manager Stanley Mutwiri.
Also charged were a couple James Njenga Muingai and Grace Wanjira Muingai, and their son John Muingai who are directors of Muwa Trading Company Ltd said to have received millions for supplying sub-standard transformers.