A fierce power struggle has erupted between the
Ethics and Anti-Corruption Commission and the Office of the Director of Public
Prosecutions, posing a grave threat to the ongoing war against
corruption.
The discord reached a boiling
point last week when the ODPP abruptly withdrew a corruption case against
former Migori Governor Okoth Obado, exposing the deep fractures that threaten
the integrity of the justice system.
Fresh revelations have surfaced,
highlighting a long-standing standoff that has stalled dozens of high-profile
prosecutions, leaving citizens frustrated and disillusioned.
During a recent appearance before
the Senate County Public Accounts Committee, EACC chairman David Oginde stopped
short of branding the ODPP the weakest link in the fight against graft but he did
not hesitate to accuse it of actively undermining its efforts.
“If there is something Parliament
can do to rectify that situation—we truly want to be corruption-free, but we
are not there yet,” Oginde said, emphasising the urgency of reform.
Currently, the ODPP holds exclusive
authority over prosecutions in Kenya, according to the constitution.
In the past two years alone, the
ODPP has withdrawn several significant cases, including the Sh233.5 million
case involving former Garissa Governor Ali Korane and a case concerning Tharaka
Nithi Governor Muthomi Njuki, who faced charges of inflating the cost of an
incinerator from Sh28 million to Sh45 million.
Each withdrawal was accompanied by
claims of insufficient evidence, but the EACC argues that such decisions
inflict significant damage on their investigations and squander taxpayer
resources.
DPP Renson Ingonga defended the decisions,
stating that, “We cannot prosecute cases that do not meet the evidential
threshold for a conviction.”
Senator Okong’o Omogeni of Nyamira
articulated the discontent: “How can we run this country, particularly in our
fight against corruption, so casually? If it’s the constitution that's holding
us back, let’s amend it.”
During its Senate appearance on Wednesday,
the EACC disclosed that it has seen a staggering number of high-profile cases
either withdrawn or stalled since 2017, including some involving governors and
senior county officials.
“It’s discouraging and a waste of
resources,” Oginde lamented, emphasising that their only recourse is now to
pray, either to God or the courts, as they watch the wheels of justice grind to
a halt.
Oginde, who
appeared alongside CEO Abdi Mohamud, lamented the heavy toll of abandoned
cases.
“Something
needs to be done. Sometimes our teams have to travel to another country to
collect evidence (only for cases to be withdrawn). It is a discouragement and
also a loss of resources,” he said.
This reflects a broader sentiment
among citizens who feel powerless in the face of a justice system that seems
rigged against them.
The stakes have never been higher.
Each case withdrawn not only represents a loss in potential justice but also symbolises
a betrayal of public trust. The cases involve losses running into millions of
shillings, a burden that weighs heavily on ordinary Kenyans struggling to make
ends meet.
President William Ruto has been
vocal about the need for a united front against corruption, underscoring that
the fight is not just a governmental obligation but a national imperative.
The EACC has called for
significant reform, urging Parliament to consider granting it prosecutorial
powers.
“It would be beneficial for us if
we could take our cases all the way through,” Oginde insisted, revealing a
growing frustration with a system perceived as failing to deliver justice.
The discord reached a new level of
intensity during a recent courtroom clash involving the withdrawal of charges
against Obado.
The EACC revealed that it had not
signed off on the plea agreement, raising serious questions about the integrity
of the negotiations. The prosecution maintained that EACC officials were fully
aware of the discussions, but the conflicting narratives only serve to heighten
public skepticism.
“How can we trust a system that
appears so fractured?” asked one concerned citizen, highlighting the erosion of
faith in the justice system.
The ODPP also withdrew an abuse of office and fraud case
involving at least six members of Makueni county assembly and other assembly
officials for a trip to the United Arab Emirates (Dubai).
The ward representatives were paid twice – by both the county
assembly and the National Government Constituency Development Fund of their constituency.
“When we present a case, there is sufficient evidence. But as
the case goes on, the DPP decides to withdraw the case for one individual, and
later, the entire case is withdrawn,” CEO Mohamud said.
The DPP also withdrew cases of alleged procurement
irregularities at the Isiolo county assembly, allegations of abuse of office by
officials of Nyamira government and a conflict of interest case in Kitui.
Last week, the ODPP and the EACC clashed in court during the
hearing of during the hearing of an application that sought to withdraw
corruption charges against ex-Governor Obado and others.
The EACC told the court it had not signed the plea agreement
filed in the matter, raising questions over why the deal was recorded without
its approval.
The commission argued that although it attended various meetings
on the negotiations—the last one held on August 28 —it was never furnished with
a draft agreement to review or seek instructions on.
The prosecution, however, maintained that EACC was fully aware
of the plea bargain, noting that its officials attended all negotiation
meetings from April to August 2025.
The ODPP insisted that after the EACC indicated it lacked
instructions to proceed, the prosecution went ahead and signed the plea deal
with the accused persons.
"We did not refuse to hand over any agreement; parties were
attending these meetings and they were aware that that was the day to sign the
agreement,” the court was told.
