DPP Keriako Tobiko differs with CIC, say anticorruption commission still functional

Director of Public Prosecution Keraiko Tobiko (in blue coat)

NAIROBI: The Director of Public Prosecutions Keriako Tobiko says Ethics and Anti-Corruption Commission is a corporate institution and exists in law notwithstanding the absence of commissioners.

He told off the Commission for the Implementation of the Constitution’s stand that the Commission Secretariat cannot transmit graft files to the Director of Public Prosecutions for action.

"As far as I'm concerned there is no legal vacuum. The commission exists as a corporate legal entity and continues to perform its mandate in accordance with the constitution and the law,” said Tobiko.

He revealed they are progressing well on the 175 files under investigations at the commission.

“I have seconded 15 officers to work with EACC officials to fast tract processing of the files. I expect the first batch in the next few days. I will then make my decision based on evidence and the law,” said Tobiko.

He was reacting to CIC stand that transmission of files can only be done by new commissioners or once suspended EACC Chairman Mumo Matemu and Vice Chair Irene Keino are reinstated.

In a letter to the Attorney General, CIC Chairman Charles Nyachae says transmission of files can only be done by new commissioners or once suspended commissioners are reinstated.

“We believe that whereas the technical work of the Commission can continue to be carried out by the Secretariat, no formal decision of the commission including the transmission of recommendations of the commission to the Director of Public Prosecutions can be legally effected by the commission in the absence of the Commissioners,” read part of the letter.

While highlighting Section 11 of the EACC Act which outlines the role of the Commission, Nyachae said with the resignation of Jane Onsongo and the subsequent suspension of Matemu and Keino the Commission was limited in its function ability.

Nyachae told AG Githu Muigai to advise the EACC Secretariat not to overstep its mandate and replace the Commission in decision making as this would attract law suits hence compromising the fight against corruption.

“It is important that no actions are taken by the Secretariat of the Commission purporting to act as the commission as the same will be subject to judicial challenge,” said Nyachae.

Tuesday, Isiolo Governor Godana Doyo was grilled over appointments in his county. He becomes the 10 governor to be grilled.