Expedite EACC tribunal work to stay on course
What you need to know:
- This came weeks after another commissioner, Jane Onsongo, resigned. The credibility of EACC has also been damaged in the last few weeks following disagreements between the commission and the secretariat.
- Our concern is that the war on corruption, which has been pointed to as one of the most important steps to secure Kenya’s well-being, may be significantly affected. Indeed, those who have made corruption their way of life may take advantage of the apparent confusion to continue with their evil deeds.
- This comes at a time when the Jubilee administration is seen to have made one of the boldest moves in the fight against corruption.
The warning by the Commission for the Implementation of the Constitution (CIC) that the anti-corruption body as currently constituted cannot carry out certain functions is a sure sign that previous assurances from the President and his legal advisers may have been built on a weak foundation.
President Uhuru Kenyatta on Friday suspended the Ethics and Anti-Corruption (EACC) Chairman Mumo Matemu and vice-chairperson Irene Keino and formed a tribunal to investigate them after a petition was presented to the National Assembly for their removal.
This came weeks after another commissioner, Jane Onsongo, resigned. The credibility of EACC has also been damaged in the last few weeks following disagreements between the commission and the secretariat.
While there is no doubt that the technical functions of EACC will continue, legal experts, including CIC, have noted that the forwarding of investigation files to the Director of Public Prosecutions will particularly be affected. The lack of commissioners could also be used to lodge legal challenges in court against the work of the anti-corruption commission.
NOT UPTO THE TASK
This comes at a time when the Jubilee administration is seen to have made one of the boldest moves in the fight against corruption. President Kenyatta had, as part of his State of the Nation address to Parliament last month, provided a confidential dossier of government officers under investigation by the EACC to Parliament. The list includes five Cabinet Secretaries and other influential individuals, who have since been suspended.
Views have varied on the recent developments at EACC with some suggestions that the commissioners have not been up to the task. But others have pointed out that powerful individuals touched by recent robust action against corruption may have used their connections in the Executive and Parliament to frustrate investigations.
These are matters that the tribunal, which is yet to be sworn into office, will have to consider when it begins its work.
Our concern is that the war on corruption, which has been pointed to as one of the most important steps to secure Kenya’s well-being, may be significantly affected. Indeed, those who have made corruption their way of life may take advantage of the apparent confusion to continue with their evil deeds.
It is, therefore, important that the tribunal appointed by the President to determine the fate of the EACC commissioners should start and complete its work as soon as possible. It is a delicate task, but it has to be done with utmost care and speed.
