CJ Maraga: Investigating agencies failing war against graft

The Judiciary will not be a shelter for the corrupt, Chief Justice David Maraga warned yesterday.

The CJ warned corruption suspects who have a habit of rushing to the courts to block their trials that henceforth, the Judiciary will ensure they are punished.

Speaking while launching practice guidelines for the anticorruption and economic crimes division of the High Court, Maraga noted Kenya had sunk deeper into corruption — currently ranked third worst corrupt country in the world.

“The public should be forgiven for believing the rich and powerful will never get convicted, especially when they rush to court to stop their prosecution and delay the hearings until the case ends up in acquittals,” Maraga said.

Maraga directed that all cases relating to corruption will now be heard by the Anti-Corruption and Economic Crimes Division headed by Lady Justice Hedwig Ong’udi.

Lady Justice Ong’udi will be deputised in the new division by Lady Justice Lydia Achode. The CJ has appointed 10 magistrates to serve in the division. They are Litizia Wachira, Martha Mutuku, Liz Gicheha, Godfrey Oduor, Rose Makungu, Jared Magori, Anne Mwangi, Peter Ooko and Florence Macharia.

Meanwhile, Maraga blamed investigative agencies for the failing war on corruption and defended the Judiciary against claims that it is the weakest link in the fight.

He pointed an accusing finger at the Directorate of Public Prosecutions (DPP) and the Ethics and Anti-Corruption Commission (EACC), saying it is the weak evidence they bring to court that leads to crumbling of high-profile corruption cases and acquittal of those charged with graft.

“My message to them is this; give us evidence and we shall convict. If you fail to furnish us with evidence, then we shall acquit. This is not a failure by the court system but a miscarriage of the investigative and prosecutorial machinery,” said Maraga.

He added: “The Judiciary understands the public cry for lack of conviction of those who have stolen billions of shillings but we can do nothing unless the charges are proved beyond any reasonable doubt.”

Maraga said the blame game in the failing fight against corruption will continue unless the cause of the problem is identified and fixed.

“A judge or a magistrate cannot convict when a case has been poorly investigated and weakly prosecuted that the inevitable conclusion is that the processes were designed to produce an acquittal,” said the CJ.

EACC chief executive officer Halakhe Waqo admitted the fight against corruption is facing many challenges. “The public feels it is losing battle where public resources are being wasted,” he said.

Waqo said: “One question we always ask ourselves is whether and when the war on corruption will be won. Despite efforts and resources that go towards dealing with the menace, it appears like there is too little to show by way of results.”

He said developing evidence in corruption cases is not easy given that they deal with the high and mighty in society who have powers to interfere with investigations and derail their prosecution.

The DPP, Keriako Tobiko, said his office has appointed 90 special prosecutors to help expedite prosecution of corruption cases.

A few months ago, an agitated President Uhuru Kenyatta, speaking at State House, said he has done everything to fight the vice and accused the Judiciary and investigating agencies of failing to do their jobs.