The Constitution Implementation Commission has said the war on graft could be lost if the EACC stays without a commission too long.
The chairman of the CIC, Charles Nyachae said in a statement sent to newsrooms, that while the EACC secretariat is still in office, it’s function are complemented by the commissioners.
“Whereas the technical work of the Commission can continue to be carried out by the Secretariat, no formal decision of the commission including recommendations of the commission to the Director of Public Prosecutions under section 11(1)d of the EACC act, can be legally effected by the commission in the absence of the Commissioners,” Nyachae said.
Nyachae called for the tribunal set up by President Uhuru Kenyatta on Thursday, to expedite their probe into the conduct of Chairman Mumo Matemu and his deputy Irene Keino in order to either clear them or replace them.
“In the meantime, it is also important that no actions be taken by the Secretariat of the Commission purporting to act as the Commission, as the same will be subject to judicial challenge and compromise the ongoing fight against graft,” Nyachae warned.
Nyachae’s remarks come in the wake of a media address by EACC CEO Halake Waqo who said despite the suspension of Matemu and Keino, the anti-graft body can still operate.
“I want to emphasise that the technical operations of the commission will not be affected by the ongoing constitutional process. The commission is fully focused on the implementation of its mandate as provided by the law,” Waqo said on Friday.
Waqo insisted investigations in respect of corruption and economic crimes touching on high profile state officials are on course and the commission is intent on having them finalised within or sooner than the 60-day period prescribed by the President.
He said that completed investigations will be forwarded to the DPP.
President Uhuru Kenyatta during the his third State of the Nation address before a special sitting of Parliament tabled a list of 175 public officials accused of graft.
Uhuru directed appointed officials to step aside and allow for investigations to be concluded within 60 days.