EACC boss lauds partnership with Judiciary in war against graft

By ERIC MATARA

The Ethics and Anti-Corruption Commission (EACC) has lauded the Judiciary for its key rulings and judgments, which it says have boosted the war against graft in the country.

EACC Chief Executive Officer Twalib Mbarak on Monday said that the various decisions by the courts are a morale booster for EACC officials involved in investigations of theft of public property.

“The commission commends the courts for their prudent handling of various corruption related matters. There have been numerous instances where actions of the EACC have been challenged in courts including through constitutional petitions and other proceedings, but upon interpretations of the Constitution, courts have made diverse rulings and judgements which have bolstered the fight against corruption in the country,” said Mr Mbarak in a statement sent to newsrooms.

KIDERO CASE

Mr Mbarak cited a recent court verdict in the corruption case facing former Nairobi  governor Evans Kidero in which the High Court allowed the anti-graft agency to search his homes and offices for unexplained wealth estimated at Sh9 billion.

In the matter, the court ruled that the search warrants issued against the former governor in September 2018 did not breach the law.

Dr Kidero had challenged the order obtained by the EACC, saying that it was vague, overboard and open-ended, and that the agency was on a fishing expedition.

The former governor and his wife accused the EACC of infringing on their right to privacy, among other violations, including their fundamental rights.

Dr Kidero also said EACC had published a list of 58 properties, some registered in the names of his children and purchased before he joined politics.

But in a ruling, the High Court said investigations of their assets in such circumstances was in public interest and cannot be deemed as a violation of their rights.

CLARITY

In another matter, Mr Mbarak cited the High Court ruling (in the Moses Lenolkulal case) that paved way for vacation from office by governors facing corruption charges.

Other cases cited by the EACC include a verdict by the Supreme Court which stayed the Court of Appeal judgement that had made it mandatory for EACC to give notice of information to a suspect before seeking a search warrant from Court.

The judgement was made in a case against a senior lawyer in the country.

“The decisions by the courts were a major development as they brought clarity on some of the legal interpretations that had slowed down the pace of the anti-corruption war. The verdicts were timely,” said Mr Mbarak.

The EACC CEO reiterated that the anti-graft body will continue to partner with various stakeholders and all like-minded Kenyans in the fight against the plundering of public resources, which has hindered development in the country and called on citizens to cooperate and aid in the war against graft.

SITTING GOVERNORS

EACC has in the past targeted county and national government officials as it seeks to bring sanity in the public service.

For instance, it has previously managed to have four sitting governors and county and national government officials arraigned on various corruption charges.

Sitting Governors including Mike Sonko (Nairobi), Moses Lenolkulal (Samburu) and Sospeter Ojaamong (Busia) as well as former governors Evans Kidero and Ferdinand Waititu have been charged in court with graft-related cases. 

Mr Lenolkulal has been charged with alleged conflict of interest in the supply of fuel to the Samburu County government amounting to Sh84 million.

Governor Sonko and other senior Nairobi County officials have also been charged with irregular payments for garbage collection services amounting to Sh357 million.

Mr Mbarak said the commission is working closely with other players and agencies in the criminal justice chain to strengthen collaboration.