Wabukala says DPP has not thrown out 125 graft cases
EACC Chairman Eliud Wabukala (centre) Mr David Too (left), Director of Legal Affairs, and Gachoka Mwaniki, a commissioner, addresses journalists at Hotel Sirikwa in Eldoret Town on December 8, 2017. Mr Wabukala said no graft case has been thrown. PHOTO | JARED NYATAYA | NATION MEDIA GROUP
What you need to know:
Mr Wabukala said some individuals had found a loophole to evade prosecution before the commission was constituted afresh.
The commission has finalised a total of 33 cases in court and obtained 25 convictions, three acquittals and six discharges.
Mr Wabukala said that the anti-graft body is currently investigating cases in 26 counties and 10 of them are already in court.
The Ethics and Anti-Corruption Commission (EACC) Chairman Eliud Wabukala has denied reports that the Office of the Director of Public Prosecutions (ODPP) has thrown out 125 graft cases.
Mr Wabukala termed the reports as a “misconception” saying that the commission had only liaised with the ODPP to look afresh at the cases.
“I want to clearly state that there is no case in our jurisdiction that the ODPP has thrown out. This is a joint decision between the two organs that we look afresh at these cases by going through the files one by one and I can assure you that all those found guilty will face the full force of the law,” said Wabukala.
Addressing the press at Sirikwa Hotel in Eldoret Town on Friday, Mr Wabukala said that some individuals who cases had related to graft in court before the commission was constituted afresh had found a loophole to evade prosecution.
LOOPHOLE
“What happened is that, when we assumed office early this year, we noticed that there were people who were facing graft cases in court.
"So they went ahead to find a loophole by stating that the commission had not been properly constituted and this is why we decided to partner with the ODPP so that we start looking at these cases afresh because at the moment we have no loopholes in the law,” he explained.
According to Mr Wabukala, the commission has finalised a total of 33 cases in court and obtained 25 convictions, three acquittals and six discharges.
“We currently have 423 cases that are pending in court with over 900 persons having been charged with various corruption offences as at November 30, 2017,” added Mr Wabukala.
He further said that the commission has preserved assets worth Sh374,881, 583.27 and recovered Sh134,116, 406 in cash after being reconstituted.
COUNTIES
Mr Wabukala said that the anti-graft body is currently investigating cases in 26 counties and 10 of them are already in court.
Mr Wabukala, who was accompanied by David Too (Director of Legal Affairs), Gachoka Mwaniki (commissioner) and Willis Wasala (Deputy Director North Rift Region), said that the commission’s Prevention Department had conducted 15 corruption risk assessments in county assemblies.
“Implementation of the EACC’s recommendations is on-going in various counties,” he said.
However, he singled out adverse court rulings, embedded unethical culture in society – cheating and stealing – as some of the main challenges facing the fight against corruption in Kenya.
“Glorification of wealth without work, poor role modelling and base values are just some of the challenges we are facing in this noble course of fighting graft,” he said.
