Either the Ethics and Anti-Corruption Commission (EACC) is hopelessly inept, out on witch hunt or the Director of Public Prosecutions (DPP) office is a firewall against corruption.
One of the EACC commissioners who left office in a huff had accused the DPP of stonewalling. It is hard to discount the belief that high office holders are never imperilled by the laws of the land which would ordinarily come crashing down on unfortunate lowly placed citizens. It is almost as if two versions of the law exist; for the rich and the poor.
The air of expectation after 175 corruption cases were forwarded to the DPP was premature. Except for suspended Transport Cabinet Secretary Michael Kamau, whose case has proceeded to trial, his colleagues were exonerated on account of deficient evidence.
In the estimation of a cabal of tribal jingoists masquerading as honourable Members of Parliament, the prosecution of Eng Kamau is akin to political culling. They believe he is being sacrificed, but that is a subject for another day. Nonetheless, only the courts will establish innocence or culpability on the strength of evidence adduced, by which time, regardless of the court’s verdict, the train will have left the station for Kamau.
Writing in this column separately, I stated; ‘assuming there is war on corruption in the first place, then it is over before it even began’. Later, I opined that the government should either declare corruption a national disaster or legalise it. The turn of events in the supposed war against corruption may yet vindicate my musings.
When the Commission for the Implementation of the Constitution Chairman, Charles Nyachae argued that the absence of commissioners effectively put a moratorium on EACC, it was DPP Keriako Tobiko, who promptly rubbished the observation. The resultant impasse is subject to several interpretations.
One is that the DPP knew Mr Nyachae was right, but saw the opportunity to guillotine a number of cases knowing fully well a comatose EACC lacked the will to question or pester him. Haughtily telling MPs he had the final say on corruption cases was the clincher; it was condescending, yet the issue at hand is a matter of great national interest.
It is easy to wonder how incompetent EACC is, it should waste time and money investigating cases that the DPP can dismiss so casually. Are EACC investigators quacks on the government’s payroll? Has the anti-corruption commission been infiltrated by forces intent on creating decoys in their spirited attempts to shield corruption kingpins?
The half-baked manner in which cases are handled means Kenyans are being taken for a ride. Since the onus of proof lies with EACC, yet it has failed to come up with water-tight cases in the appraisal of the DPP, what justification is there for its sustenance? Wouldn’t it be better if the office was scrapped in line with easing the wage bill? The billions spent on EACC and its predecessors; the Kenya Anti-Corruption Authority and Kenya Anti-Corruption Commission cannot be justified.
Money expended on sustaining the EACC charade can be put to better use funding the criminal department within the police service to do a better job. Corruption is so endemic that Kenyans should not be under illusion it will be easy to know the whole truth behind the mega scams. Some of the powerful individuals postulating righteousness are believed to be tainted to the core. It is extremely naïve to anticipate a guilty verdict from a court set up by incorrigible individuals who handpicked the jury and judge. Wolves guarding sheep will have their pick any day.
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