Convictions key to success of anti-graft drive, says Uhuru

As the country takes the war on corruption to a new level, with the prosecution of senior government officials, only the conviction of suspects will determine its success, President Uhuru Kenyatta says.

Only through convictions and the recovery of stolen public assets would a clear demonstration be made that the battle against graft is steadily producing results, he added.

Mr Kenyatta’s concerns could be informed by the fact that most suspects who have been charged in court recently have been let off the hook due to lack of evidence, faulty charge sheets and other technicalities.

But he told the Judiciary to be bold in dealing with the vice, adding that the government would give them full support.

“I am proud and happy with the reforms we have been able to undertake in our investigative and prosecution agencies. And we are starting to see the results, with more investigations leading to an increased number of prosecutions.

CORRUPTION CASES

“But the Judiciary must now step up and turn those cases into convictions because, at the end of the day, if people are to know we are serious about this fight, it will be based, unfortunately, on the number of people locked up,” he said.

The Judiciary has over the years been on the spot over its management of high-profile corruption cases, which have been moving at a snail’s pace in the courts.

The trend was that corruption suspects used avenues available in system to stall prosecution and buy time by rushing to higher or lower courts with applications whose outcomes delay or stop cases.

But the Judiciary has since expanded the platform on which anti-corruption cases are tried by creating a new division in the High Court and raising the number of magistrates handling corruption-related cases.

TAX EVASION

High-profile people who have appeared in court include Deputy Chief Justice Philomena Mwilu, charged with abuse of office, tax evasion, accepting a gift that undermined her integrity, obtaining execution of a security belonging to Imperial Bank and conducting herself in disregard of the law.

Agriculture Principal Secretary Richard Lesiyampe and top National Cereals and Produce Board (NCPB) managers have also been charged with irregular purchase of maize that resulted in the loss of millions of shillings.

Former Public Service and Youth Principal Secretary Lilian Omollo is facing 12 counts of abuse of office and one of conspiracy to commit corruption in the National Youth Service (NYS) scandal.

The Ethics and Anti-Corruption Commission said it had noted the commitment demonstrated by Chief Justice David Maraga in ensuring expeditious conclusion of corruption cases.

JUSTICE

The commission's chairperson, Archbishop (rtd) Eliud Wabukala, said the anti-graft watchdog would continue to promptly submit completed files to the Director of Public Prosecutions for action.

“You will also notice the CJ recently issued directions for judicial officers aimed at enhancing efficiency and effectiveness in adjudication of corruption cases. EACC appeals to the Judiciary to stiffen sentences meted out against convicted suspects of corruption so as to make the vice a very expensive venture,” he said recently.

On Thursday at State House, Mr Kenyatta acknowledged the fact that inadequate resources undermine access to justice.

He was, however, quick to reassure all that the criminal justice system had been strengthened and its capacity enhanced from the investigative agencies to the Judiciary.

The Judiciary had sought a budget of Sh31.2 billion but Treasury’s Budgetary Policy Statement capped it at Sh17.3 billion.

SH14.5 BILLION

The amount was, however, reduced by Parliament through the Appropriation Act, to Sh14.5 billion.

The government had pledged to engage the Legislature to ensure all three arms of government are well resourced.

“We are going to give more resources to the Judiciary, but let us deliver,” President Kenyatta said during a breakfast meeting he hosted for various stakeholders.

The President also directed the Ministry of Lands to up its reforms while expressing his frustration with some lawyers who have blocked reforms at the ministry, especially at the registry.

DOING BUSINESS

Through the Law Society of Kenya, the lawyers have opposed activation of Land Information Management Systems (Lims), which would have allowed individuals and companies to buy and sell land online without executing various processes involving lawyers, such as filling of Land Transfer Forms.

“And one ministry that has got a lot of work to do is the Ministry of Lands. It is very disappointing when you see our lawyers being at the frontline of defeating reforms that we wish to make, especially in land registry and on mortgages,” said the President.

He spoke during a meeting for various stakeholders who ensured that Kenya emerged among the top 10 most improved countries globally in the ease of doing business, according to the latest World Bank report.