Anti-corruption agency turns heat on big shots

By Jibril Adan

The Kenya Anti-Corruption Commission (KACC) has of late been in the news for reasons beside failure to act on high profile corruption in the public service, a charge previously levelled against it.

Since the beginning of the year, the anti-graft body has been dragging high profile suspects to courts of law with gusto it has not been known for.

While some of the suspects were being arraigned in court for offences allegedly committed years ago, KACC had also actively pursued fresh cases such as the missing free primary education funds.

Former NSSF Managing Trustee Rachael Lumbasyo and and lawyer Stephen Kipkenda Kiplagat (centre) when they appeared in Nairobi Law Courts over graft related charges recently. [PHOTO: FILE/STANDARD]

Monitoring how public funds are used as well as how public offices are managed is the primary function of KACC, but the frequency with which it is currently hauling high profile suspects to the courts to face corruption and abuse of office charges contrasts with its previous record.

Curiously, this increased zeal and speed in bringing suspects to court is coming at a time when an acting director is running the organisation.

‘Dragon slayer’

From late last year when the former director, Justice (rtd) Aaron Ringera was forced to quit the helm, Dr John Mutonyi, the assistant director in charge of Investigations and Asset Recovery, has been the acting director.

The question that arises then is why the commission seems to be breathing more fire now after the exit of the ‘dragon slayer’?

KACC assistant director in charge of finance and administration Wilson Shollei says the exit of the former director has nothing to do with the progress.

In the past, KACC was accused of indecisiveness to act on corruption or of conducting its role with lethargy.

The commission always appeared to be jumping into action long after corruption deals had been executed and public funds spirited into private accounts. Under the law, KACC has the mandate to institute investigation when it suspects or deems that acts of corruption or economic crime are about to be committed.

This means if its sleuths suspect a corrupt deal is being hatched at a particular parastatal, the commission is within its rights to investigate and demand co-operation from managers.

The commission had previously been criticised for boasting of a dismal record in terms of the number of high profile corruption suspects it arraigns in the courts. This number reflects the scope and dedication to fight corruption at all public service levels.

But the commission has always countered this criticism by blaming the Attorney General’s office.

The former director complained that most cases recommended for prosecution did not get approval from the AG.

Shollei says the commission is enjoying good working ties with the AG.

"The two offices have a good working relationship and the differences have only been limited to interpretations of the law, which is expected," he told The Standard.

"Cases submitted by KACC are responded to swiftly by the director of public prosecution," he added.

Political control

He said KACC and the AG’s office were on the same side and officials who cause conflicts and misunderstandings should be rejected.

"We are willing to second some of our staff to work under supervision of DPP. It would also help to have special prosecutors to handle corruption cases just like we have special anti-corruption courts," said Shollei.

What seems to be KACC’s changing attitude towards its role has not skipped the attention of politicians.

Imenti Central MP Gitobu Imanyara says the commission has improved in its performance in the past four months.

"This just shows us that we should depoliticise KACC. The problem is not the law, but it is the leadership that matters," he said.

Imanyara said a politically aligned leadership at the commission is a recipe for failure in the fight against corruption.

"The results we are seeing now are enough prove that KACC should be free from political control, whether it is from Parliament or the Executive," he said.

The MP suggests that an independent body composed of respectable members, preferably judges and religious leaders and not Parliament, should handle the appointment of the KACC director.

"Right now there is a lot of politicking over who should be appointed. The end result would be a compromised director who will try to appease those who helped him or her get the job," he said.

But a prominent Mombasa lawyer, who requested anonymity because of the nature of his work, said he believes the commission is engaging in a public relations exercise.

"They are trying to change the perception that they are not doing any work despite earning huge salaries. I believe they are bringing these cases so that they can inflate the number of cases they have brought to the courts," he said.

　

 

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