How push and pull is hurting purge on mega corruption

Could the offices of the Director of Public Prosecutions (DPP) and the Ethics and Anti-Corruption Commission working at cross purpose in the fight against corruption?

Well, early this year, an EACC commissioner (all the EACC commissioners have since left office) accused the DPP of slowing down the war on graft, sparking off the lingering doubts on the two agencies at the fore front.

Then EACC chairman Mumo Matemu had to come out and clarify that EACC and DPP’s office enjoy a cordial relationship and there was efficiency in movement of files between the two offices.

African Policy Institute (API) Chief Executive Officer Peter Kagwanja says differences between the DPP and EACC are not surprising because the two offices have separate mandates.

“They are two different offices not coordinated by law. While standards are high in the office of the DPP because they look for hard evidence to prosecute suspects, EACC standards may be lower because they look at ethical issues that have been violated. Interpretation is therefore where the problem is. When a file leaves the EACC, it is an ethical issue but when it reaches the DPP, it should qualify to be a criminal matter,” Kagwanja told The Standard on Sunday. He says matters have not been made better by strong feelings in the “court of public opinion” that once someone has been mentioned in a scandal, he or she is guilty.

ODM Secretary General Ababu Namwamba says EACC should be emboldened and given powers to prosecute, instead of investigating and handing over its work to another office.

“Accountability Kenya, which I chair will sponsor a Bill in Parliament seeking to give EACC powers to prosecute cases directly,” the Budalangi MP said. Accountability Kenya brings together oversight agencies, including the Kenya National Audit Office, EACC, Controller of Budget, Institute for Certified Public Accountants of Kenya and all Public Accounts Committees of the 47 County Assemblies and the National Assembly.

Transparency International says without commissioners as it is today, EACC is illegally constituted, and its work can be challenged in court. But DPP Keriako Tobiko says his office has had no problem with EACC, and that perceptions that they are at loggerheads were being manufactured by some corruption suspects, who want to bungle investigation to evade justice.

Insincere move

“Once they drive the wedge between my office and EACC, they will have an early Christmas and that is why some of them are working so hard to see these two institutions clash,” said Tobiko.

“How can there be differences when the investigation team has representation from both the office of the DPP and the EACC, as well as the Criminal Investigation Department (CID)?” he posed.

Anglican Archbishop Eliud Wabukala, who chairs the National Anti-Corruption Campaign Steering Committee, cautioned that unless the fight on corruption is handled with extreme care, political merchants may bungle it.

“The decision by President Kenyatta to crack the whip was welcome, but there is no clear strategy on how this war is being fought and how it will be concluded. We need a clear road map because corruption fights back,” Dr Wabukala said.

But while there were originally joint press releases from the two teams, each of them has lately been issuing separate releases on the progress of the cases. Some show of friction between the two came to the fore after EACC Chief Executive Officer Halakhe Waqo hinted the 60-day deadline would be met, only for Tobiko to declare the deadline could not be met.

Waqo touched off the storm six days to the deadline after announcing on May 19 that the commission had forwarded 30 files, among them those of suspended Cabinet and Principal secretaries, to the DPP.

Waqo had noted in Mombasa that the fate of half of the Cabinet and principal secretaries under investigation for corruption was in the hands of the DPP.

But on May 24, Tobiko contradicted Waqo, saying it was important to set the record straight instead of giving the public false hope that the May 26 deadline would be met. “The deadline is simply impossible to meet and that is the position we had taken jointly with the EACC CEO. What changed for him to declare the deadline can be met is what I don’t understand,” Tobiko said then.

A day before the deadline, EACC tabled a detailed account of their work progress, and Waqo shifted positions and admitted the deadline could not be met. A senior communication officer at the EACC said the CEO did not quote the right number of file earlier to the press, hence the move to rectify.