DPP Tobiko is man under siege, MPs claim

NAIROBI: President Uhuru Kenyatta’s war on graft is being sabotaged by independent bodies entrusted with investigating and prosecuting powerful suspects, senior MPs have said.

Government and Opposition leaders in Parliament have sensationally accused officials in the Director of Public Prosecutions’ (DPP) office and Ethics and Anti-Corruption Commission (EACC) of using ongoing high profile graft investigations to extort bribes.

National Assembly Leader of Majority Aden Duale, a senior figure in the Jubilee administration, and Deputy Leader of Minority Jakoyo Midiwo made the damning claims and demanded the disbandment of EACC, which is without commissioners after office holders were forced out.

Duale and Midiwo alleged the ongoing probes against top officials, including cabinet secretaries, principal secretaries and governors, are window dressing exercises and that investigators in the two offices are using the threat of prosecution to intimidate suspects to part with huge bribes.

Duale claimed some of these officers hide behind the independence of their offices as they are on the take, too, to hamper the war on corruption.

"We are disappointed with independent institutions dealing with the war against corruption. The war on corruption is far from being won because even some of these bodies do not meet the integrity threshold themselves. Some people in EACC and DPP are using these cases to extort," Duale claimed.

He said: "Corruption is thriving because people give bribes at all levels from the EACC, DPP and even the Judiciary."

Jakoyo said it was laughable that Kenyans expect the EACC and DPP to tackle graft yet the investigators "are so few and they are very corrupt" as they are from a police force that has consistently ranked top on the Transparency International's bribery index.

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"The anti-corruption body is taking Kenyans round in circles. Kenyans must accept that we are overly corrupt. We should now put all cards on the table and ask if it's possible, for a three-man commission or a secretariat full of police with their corrupt background, to work?" Jakoyo posed.

The Gem MP criticised the prosecution of suspended Transport Cabinet Secretary Michael Kamau, alleging even that may not be based on evidence but other considerations, including political.

"Taking Kamau to court and leaving out the rest will end up being a vindictive exercise. Let me hope that Kamau has not been hounded out of office to create some space for some people like we have heard," Midiwo claimed.

DPP Keriako Tobiko did not respond to our inquiries, but Solicitor General Njee Muturi said it was unfair to generally accuse the offices of corruption without evidence.

Njee said that so far, about 70 cases have been taken to court in the last two months, but acknowledged high profile cases may take time.

"Corruption is quite rampant but so far the offices have worked commendably with 70 cases in court and it will be unfair to condemn these bodies. In any case, these public officers like the DPP are vetted by Parliament and if there is any evidence it should be brought forth," Njee said.

Thursday, Kamau became the first Cabinet Secretary to be prosecuted. He was charged with abuse of office and failure to follow procurement rules.

Duale and Midiwo then suggested the disbandment of EACC citing waning public patience on the speed of the campaign to prosecute top officials in the list of shame that President Kenyatta submitted to Parliament in March with a 60-day deadline that has since lapsed.

Duale said that President Kenyatta had himself raised doubts about the integrity of these bodies during the Madaraka Day celebrations when he said the institutions that help in the fight against corruption can themselves become corrupt.

"While my Government recognises all the institutions which fight the war against corruption with us, we expect them to maintain high standards of integrity," the President had said.

The suggestion for the disbandment of the EACC from high ranking members of the House raises questions on whether the EACC secretariat led by chief executive Halakhe Waqo, who presented the "list of shame" to the President, was next in line for hounding.

Mombasa Senator Hassan Omar opposed the call to disband EACC.

"We are in a catch 22 situation. Where does disbanding EACC leave you? The police have independence and lack neutrality. When you disband it, you leave us with the police, the most corrupt organisation in Kenya," said Omar.

The EACC's and DPP's troubles have built up because of the perceived slow pace to conclude the investigations and nail the so-called "big fish", giving rise to claims the cases were being deliberately thrown away.

Thursday, the Central Organisation of Trade Unions (Cotu) protested the decision by Tobiko to reject recommendations to charge suspended Labour Cabinet Secretary Kazungu Kambi.

Through Okweh Achiando & Co Advocates, the union said the argument by the DPP that there are numerous suits and petitions pending before the Employment and Labour Relations Court and the High Court challenging the legality and validity of the appointments of Mr Andrew Gichamba Muigai and Ms Veska Jepkemboi Kagongo to the Board of National Social Security Fund (NSSF) was wrong.

Cotu said EACC's case against Kambi was criminal, while the others were civil matters, but Tobiko said Thursday he had no comment to make now on the matter.

Tobiko accepted the recommendation of the EACC not to charge suspended cabinet secretaries Felix Koskei (Agriculture) and Charity Ngilu (Lands).

The commission announced that it was yet to conclude investigations on Davis Chirchir (Energy) and five principal secretaries Mutea Iringo (Defence), Nduva Muli (Transport), Patrick Omutia (Mining), James Teko (Water), former secretary to Cabinet Francis Kimemia, Deputy President William Ruto's chief of Staff Maryanne Kittany, Investment Secretary Esther Koimett and several CEOs of state corporations.

National Assembly Justice and Legal Affairs Committee chairman Samuel Chepkonga said his team will summon the commission to update them on the progress of their investigations.

Central Kenya Parliamentary Caucus also questioned the manner in which the EACC and DPP were handling corruption cases, claiming there could be some mandarins meddling in the investigative process.

Mukurweini MP Kabando wa Kabando wondered why many of the files forwarded to the DPP from the EACC secretariat were not finding their way in courts, alleging many of their cases were suspiciously being dismissed for lacking sufficient evidence.

At a press conference at a Nairobi hotel, the Central Kenya leaders said they were giving their statement of discontentment in the manner EACC was carrying out their investigations saying the secretariat could be rushing cases to court to grant those accused an avenue to easily earn their freedom.

Kabando said that Kenyans were particularly concerned that since the President gave 60 days for investigations and prosecution of those that EACC had named in corrupt deals, very little had been done and only a few files had been forwarded to the DPP.