Sheria Mtaani Opposes EACC Bid for Prosecution Powers

A lobby group, Sheria Mtaani, has reacted negatively to the interest shown by the Ethics and Anti-Corruption Commission (EACC) in pursuing a law the would enable them to prosecute suspects in court.

The reaction arose following a news article published  by a major media company. The Commission indicated that they would persuade Members of Parliament to come up with provisions of the law that would allow them, upon conclusion of their investigations, to produce the suspects in court to face charges.

Led by its patron lawyer Danstan Omari, they indicated that they to be disgusted by the EACC’s intentions, saying that it is against the law and cannot be allowed.

“There is no way an investigator can be the prosecutor at the same time. EACC is an independent entity  to investigate corruption cases like the DCI in criminal cases, but they don’t have a say in court,” Omari stated.

Quoting Article 157 (11) of the constitution,  the lawyer said that the Office of the Director of Public Prosecutions ODPP is mandated by the law to prosecute or terminate all criminal matters independently.

Omari added that if EACC’s intention is achieved, the commission can be used to weaponize individuals, whereas it will not be fair to justice. “Sometimes the commission conducts the investigations indicating millions of shillings, but when the file is referred to the ODPP for approval, they fail to prove the grounds to charge.”

On his part, lawyer Shadrack Wambui indicated that they are looking at the issue from a constitutional perspective because Sheria Mtaani aims to protect the vulnerable members of the society where investigators become prosecutors.

He indicated that the investigators have a perspective when investigating a criminal matter on whether a suspect has committed the offence, but the DPP uses the constitutional angle and considers the human interest on the same.

“As members of Sheria mtaani, we are keen, and we shall be moving in the High Court for the purpose of seeking an interpretation of whether it is constitutionally sound for MPs to enact a law to withdraw the powers of the DPP and grant the same to the EACC,” Wambui said.

In emphasizing their motive, Lawyer Stanley Kinyanjui stated that Sheria Mtaani not only looks after the interests of the less fortunate but also ensures the rule of law is respected and upheld throughout this country.