Collapsed graft cases are not ours, EACC tells MPs

Kenyans have increasingly raised concerns over the withdrawal of graft cases facing politicians

In Summary
  • A member of JLAC present in the meeting who spoke to the Star on condition of anonymity said that they were surprised at the revelation.
  • Former DCI boss has been severally accused of fabricating cases against political opponents in the Uhuru administration.
A file photo of EACC headquarters in Nairobi.
A file photo of EACC headquarters in Nairobi.
Image: FILE

The Ethics and Anti-Corruption Commission has defended itself against public perceptions that major graft cases have been withdrawn putting its investigations on the spot.

In a meeting organised by the National Assembly’s Justice and Legal Affairs (JLAC) Committee in a Mombasa hotel on Thursday, EACC boss Twalib Mbarak informed the MPs that none of the collapsed cases emanated from the Commission.

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A member of JLAC present in the meeting who spoke to the Star on condition of anonymity said that they were surprised at the revelation.

“We met EACC as one of the institutions we oversight to discuss ways of strengthening their work. As we took them to task on the cases collapsing in court, we learnt with surprise that none of the cases belonged to them. They all came from former DCI boss,” said the MP.

Kenyans have increasingly raised concerns over the withdrawal of graft cases facing politicians and business people.

DPP Nordin Haji has, however, maintained that the withdrawals were inevitable due to lack of evidence that could sustain trials.

Former DCI boss has been severally accused of fabricating cases against political opponents in the Uhuru administration.

Some of the personalities whose cases have fallen include Deputy President Rigathi Gachagua, Public Service Cabinet Secretary Aisha Jumwa, former KPLC bosses Ben Chumo and Ken Tarus.

In support of the DPP’s application in the Anti-Corruption Court seeking withdrawal of the graft case against DP Gachagua, the investigating officer, Obadia Kuria, swore an affidavit indicating that he was coerced to fabricate charges and charge the DP.

EACC reportedly presented to the House Committee a raft of legislative proposals that it said are critical in addressing current obstacles to anti-corruption efforts.

In response to a query, EACC is also said to have informed the MPs that the Commission does not require prosecutorial powers to be more effective.

According to CEO Twalib Mbarak, vesting the investigative and prosecutorial functions in different agencies is necessary for the much needed checks and balances.

“What is important is strengthening each of the institutions involved in the fight,” Mbarak added.

The meeting was attended by JLAC members including Chairperson George Murugara and Vice Chairperson Mwengi Mutuse.

The Committee commended EACC for what it termed as notable strides especially in asset recovery and committed to providing legislative and other support to enhance the Commission’s efficiency.


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