Government officials defend themselves, pass blame for failing to tame corruption

Anti-corruption chiefs on Tuesday defended themselves against criticism that they have failed to end runaway graft, and then passed the buck of blame to others.

At a summit meant to discuss corruption and accountability, the bosses of various agencies responsible for investigating and prosecuting the corrupt blamed the Judiciary for letting suspects go even after evidence is presented against them.

From the start, the summit, the seventh in a series of conferences hosted by President Uhuru Kenyatta at State House to discuss economic issues looked like a review of a report card on preventing corruption.

Attorney-General Githu Muigai, Director of Public Prosecutions (DPP) Keriako Tobiko, Director of Criminal Investigations Ndegwa Muhoro, Ethics and Anti-Corruption Commission chief executive Halakhe Waqo and Asset Recovery Agency director Muthoni Kimani all argued they have done a wonderful job but have been frustrated by judges.

“It has been suggested that the entire chain is broken. From where I sit, it is not broken. It isn’t true that every part of the chain is broken, we have to interrogate each part of the chain,” Prof Muigai argued.

“I think the weakest link is in court. The truth is if you have 600 cases in court and you have only three being resolved every month, then you have the weakest link.”

BROKEN LINK
The structure is that various agencies investigate and prosecute corruption suspects but it is the judges and magistrates who hand down verdicts. Officials argue that it at this last point that the link is broken.

“You definitely have to identify which responsibility belongs to who. I cannot jail people but I can investigate… right now I have 500 cases very high up the ladder,” added Mr Waqo, whose organisation chases bribery, laundering and tenderpreneur suspects around town before filing evidence with the DPP.

“Give me what belongs to me… Probably each one of us [is to blame]. The justice system is very long. It is [a] lottery and each one of us has to contribute.”

For his part, Mr Tobiko argued that he has taken 823 individuals and 22 companies to court to face serious corruption charges.

Out of these, he argued, 474 are high-profile individuals including five Cabinet secretaries, six principal secretaries, four governors, two senators, nine MPs, 16 senior county officials and 17 CEOs of parastatals.

COMPLEX CASES

But when he was questioned about the probability of jailing them, Mr Tobiko passed the buck to the Judiciary, arguing that judges and magistrates frustrate and delay cases.

“Between 2009 and 2016, a total of 198 cases have been concluded. That is in a period of roughly eight years. On average therefore, a corruption case takes about three, four, five years to conclude.

“The nature of a corruption case in itself is complex. It is not entirely in the hands of the prosecution — investigators must provide witnesses, documents must be provided and magistrates must be provided.

“The problem is the inordinate delays in concluding these cases. If we have to deal with this, let us focus on how to fast-track the hearing of these cases.

“I have taken to court the highest number of individuals in corruption in history.

“That is a conviction rate of 54 per cent from a newly created office.

WEAK CASES

But the Judiciary passed blame back to him, arguing the cases he brings are mostly weak. Justice Paul Kihara, the president of the Court of Appeal, told an audience it is not judges or magistrates to be blamed if suspects walk free.

“I should like to differ with my learned colleague, the Attorney-General. Yes, we have the biggest backlog, but part of the reason these cases take long is [that] we have problems when these cases come to us. The investigation in many cases is appalling.

“We have had to send cases back because either counsel or prosecutors don’t show up and if they show up they are not prepared. That leads to adjournment.”