Weak Link: Lawyers Point Finger at EACC, Not DPP, in Fight Against Corruption
The lawyer says EACC has been doing shoddy investigations and then forwarding the files to the ODPP for action.
A Civil Rights lobby group has defended the Office of the Director of Public Prosecutions (ODPP) over allegations that it has impeded the fight against corruption.
Instead, Sheria Mtaani, with lawyer Shadrack Wambui, has whipped the Ethics and Anti-Corruption Commission (EACC) as the weakest link in the fight against corruption.
Sheria Mtaani, in defence of the DPP Renson Ingonga, lawyers Danstan Omari and Shadrack Wambui have categorically stated that the graft investigative agency is to blame for the slow pace at which graft cases are investigated conclusively.
The lawyers castigated the EACC for using the media to indicate how it has been fighting corruption, ‘only to be let down by the ODPP.’
Wambui states, “All that EACC does is arrest suspects, hold them at the Police Station, and release them on police bond without investigating.”
The lawyer says EACC has been doing shoddy investigations and then forwarding the files to the ODPP for action.
Upon perusal of the files, the ODPP gives directions on whether to prosecute.
“When the ODPP recommends further investigations to the files forwarded by the EACC, it is because they have loopholes that weaken the graft cases,” Omari said.
The return of the files to the EACC does not weaken the DPP’s office in fighting corruption; rather, it recommends thorough investigations in some areas.
Omari said that Article 157 of the Constitution vests the prosecutorial powers in the DPP. He added that the DPP superintends investigations conducted by other investigative agencies before deciding whether to charge.
He further said that EACC has been attempting to be given autonomy to prosecute cases, which it will never get since it is an investigative body.
The lawyer said that there have been attempts to remove the DPP from office in vain,
“All eight petitions filed before the Public Service Commission for the removal of Ingonga have all been dismissed,” He said.
The lawyer shielded the DPP against withdrawing cases, citing that the DPP does not have the power to terminate cases, which lies in the hands of the court. He clarified that the DPP requests the court to withdraw a matter by giving reasons, which the court can approve or disapprove.
Omari said that in a year, the DPP files a report in Parliament on the number of files terminated,
“In a year, the DPP withdraws at least 3000 cases either on request by the defence lawyers or by lack of witnesses,” he said.
This comes after the president revealed that members of Parliament are engaged in graft, which has led church leaders and stakeholders to call for action against corrupt legislatures.
