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Kenya: Haji Blames Slowed Graft War on Constitutional Rigidity

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4 years ago

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Nairobi — Director of Public Prosecution (DPP) Noordin Haji has said that constitutional interpretation when it comes to public and state officers stepping aside when accused of corruption is a big hindrance in the war against graft.

Haji who made remarks during a national event on Thursday to mark the International Anti-Corruption Day stated there are still varying interpretations on who a public officer is, a situation he said creates a hurdle when it comes to implementing the constitutional provision.

“The issue of expecting individuals have to step aside once they are charged it is still in the realm of public officers. We are saying governors and politicians should be in a position to do that and if we succeed in that, then the message will have been louder,” said Haji.

Haji said that his office was working with the Judiciary to ensure cases are handles in a timely manner to meet the expectations of Kenyans. He however cautioned that expedited trials have to be done in strict adherence to the law.

“We have modernized to be able to meet the expectations of Kenyans within the law. Even the most corrupt have rights which are within the law but sometimes they derail the process which Kenyans are frustrated about,” he said.

The law upholds a person’s innocence until proven guilty and with the country’s slow wheels of justice, most public officers suspected of corruption have held office despite facing charges in court.

Ugunja MP Opiyo Wandayi has already rolled out a legislative process to lock out public officers facing corruption charges from either running or holding office.

The Elections (Amendment)Bill, 2021 which is yet to be introduced in National Assembly is also aimed at addressing the spectacle of state officers (elected or appointed) accused of graft from staying in office long after they have been charged with corruption.

Several Governors and lawmakers remain in office despite facing serious charges in court including murder and corruption in what had been blamed on gaps in the legal framework.

The Ethics and Anti-Corruption Commission (EACC), the Directorate of Criminal Investigations (DCI) and the DPP have been rooting for the amendment saying it would give them the much needed boost in fighting rampant corruption in all appointed and elected positions.

Meanwhile, the DPP reiterated that there is no laxity in prosecuting the individuals involved in the Kenya Medical Supplies Authority (KEMSA) graft case.