•The two bodies also want prosecutors to be personally held liable for mismanagement of cases.
•The corruption cases dropped are said to have led to substantial losses of public funds.
Image: FILE
The Kenya Human Rights Commission (KHRC) and Transparency Kenya have raised concerns about efforts by the Office of the Director of Public Prosecutions (ODPP) to drop corruption cases involving influential figures believed to have political ties.
These cases are said to have led to substantial losses of public funds.
The two organizations in a statement on Sunday, noted a recent incident on February 22, 2024, at the Milimani Law Courts, where the ODPP tried to withdraw charges against three high-ranking government officials from the Geothermal Development Company (GDC) citing insufficient evidence.
However, later EACC opposed the move, saying that withdrawing the charges was not good for the public and might allow the legal system to be misused.
They also pointed out another disagreement on February 16, 2024, about dropping charges against past Kenya Pipeline Company leaders.
The two organisation said the move confirmed the lack of harmony between EACC and ODPP in pursuing corruption cases.
"We are concerned by the disturbing pattern of discord between the EACC and ODPP in determining the direction that corruption cases ought to take; a trend that undermines the fight against corruption and erodes public trust in the country’s criminal justice system," reads the statement.
"These instances underscore deeper systemic issues within the prosecution of corruption cases to the extent that a section of the judiciary hearing the cases has criticised the conduct and management of cases by the ODPP," it added.
As a result, the two groups suggested that EACC should be given the power to prosecute.
They believe this would make the process of taking legal action smoother and help in handling corruption cases more effectively.
"This would enable EACC officers, often at the forefront of corruption investigations, to directly prosecute matters, thus reducing the likelihood of conflicting decisions among investigators and prosecutors. The gazettement of qualified EACC officers as special prosecutors should also be considered to formalise their role in the prosecution process,"reads the statement further.
According to them, the move will also enhance coordination in investigative and prosecutorial processes, leading to more effective outcomes in corruption cases.
The two bodies also want prosecutors to be personally held liable for mismanagement of cases.
"If prosecutorial counsel bungles a corruption case, the court should lift the immunity of such prosecutors and hold them personally liable to discourage neglect of prosecutorial duty. This will stem the tide in the rising patterns of reckless dereliction of duty and lack of independence by prosecutors as witnessed in the Sh63 billion Arror and Kimwarer dams case," KHRC and Transparency Kenya stated.