Graft team seeks more teeth

Kenya’s top anti-corruption watchdog wants powers to seize illegally acquired wealth.

Dr John Mutonyi, the Kenya Anti-Corruption Commission acting director, on Thursday said this would ensure that those engaged in corruption are deprived of its proceeds.

And he has consequently asked Parliament to pass laws which provide for such stiff penalties. “This will go a long way in discouraging graft even as we await powers to prosecute such individuals,” said Dr Mutonyi in Nairobi.

“These laws should be designed in such a way that they make corruption a high risk, low return venture,” he said when opening a workshop on ethics and corruption organised jointly with the Law Society of Kenya.

“The detection, investigation, prosecution and recovery of illegally acquired wealth should be functional so that the chances of a corrupt person being caught are near certainty...” The anti-corruption commission does not have prosecutorial powers, a scenario that at one time put its former boss, Justice (Rtd) Aaron Ringera and Attorney General Amos Wako at loggerheads.

Announcing his resignation late last year, Justice Ringera outlined the legal framework that would possibly give the commission “teeth to bite”.

Key among his recommendations was the Legal Mutual Assistance law that would enable the commission to obtain assistance from foreign countries in criminal investigation or proceedings. The law is pending before Parliament.

Also on Justice Ringera’s list was the Freedom of Information law that would repeal the Official Secrecy Act to allow access to government information. Efforts to enact this law have been frustrated by the government since 2000.

On Thursday, Dr Mutonyi said unearthing corruption cases that occur overseas was being frustrated by lack of cooperation from the countries involved.

“While we have, for instance, good working relations with certain agencies abroad informally, it has been difficult for us to formally get their assistance,” he said.

Political will

“Our courts have also prohibited us from receiving formal assistance from these foreign countries. We have appealed to have this lifted,” he added.

Dr Mutonyi said the war on graft will only be won if there was political will. On the Free Primary Education scandal, Dr Mutonyi said 50 individuals were being investigated. He said Kacc detectives had completed investigations on eight people and six of them have appeared in court.