New law may give KACC prosecution powers

Efforts to have the anti-corruption commission given powers to prosecute corruption suspects might lie with the planned constitution review, its head now says.

Kenya Anti-Corruption Commission director Justice Aaron Ringera said on Wednesday the commission will be presenting its proposals to the team of experts reviewing the constitution in a bid to be granted powers to deal with corruption suspects.

Justice Ringera was speaking after a ceremony to hand over cases that do not fall within its mandate to the Public Complaints Standing Committee, also referred to as the Ombudsman’s office.

Although the Justice ministry has in the past said KACC should be given prosecutorial powers, little has been done to effect the move.

“Policy is decided at Cabinet and implementation decided by legislation. I do not know that there is any discussion in Cabinet now or that there is any bill seeking to give us any prosecutorial power.

"We are canvassing and we hope that in the constitutional review, we will make presentations to the team of experts on the necessity to give KACC powers to prosecute,” said Justice Ringera.

He said that the experience from countries such as Ethiopia, Uganda, Tanzania, Malawi and Nigeria had shown that bodies like KACC work better when given the powers to take suspects to court.

Currently, KACC investigators only appear in court to give evidence.

The commission forwards cases it has investigated to the office of the Attorney General, which has resulted in the public’s perception that it has not done anything practical to deal with corruption.

A number of cases have been referred back to KACC, raising questions over its competence.

Justice Ringera however said that differences of opinions between lawyers is common and the return of cases to them should not be seen as a weakness in their investigations.

“I am absolutely tired of matters related to catching big fish and small fish. All corruption is evil and nobody is too high or low to be above or above the reach of the law. If those we have investigated are not big fish, then they might be sharks,” said Justice Ringera when asked whether KACC has dealt with any top government officials since 2003.

He said the fact that the commission’s officers have been invited to train others in Southern Sudan and Namibia is proof of their competence.

Justice Ringera’s term comes to an end in September this year but he said he would be making a decision on the matter in August.

“The law provides that I will continue as director until I am reappointed or somebody is appointed to replace me. The matter lies with the board and the appointing authorities,” he added.

The commission is currently investigating the maize and fuel scandal but spokesman Nicholas Simani said the fact that two bodies are involved was making the process difficult. KACC is yet to speak to the man at the centre of the scandal, Triton director Yagnesh Devani.

The Criminal Investigations Department is yet to find Mr Devani, who is said to have fled Kenya earlier this year.

The cases referred to the Ombudsman’s office deal with reports made by both the public and government employees on poor administration, misbehaviour, delay or denial of services, high-handedness.

Of some 31,589 cases reported to KACC since January 2003, 26,184 have had to be reported to other offices as they fall outside the commission’s mandate.

KACC has so far received a total of 146 reports on matters that should be handled by the Ombudsman’s office. Complaints against Provincial Administration officers and those related to the Ministry of Lands top the list.

The ombudsman’s office is expected to deal with the officers without necessarily prosecuting them. Mr Simani said almost all of the cases are administrative.