DCI and EACC have shared mandate to investigate corruption
SEE ALSO :MPs seek clarity on Aitel, Telkom mergerFunctions of the DCI, as outlined in Section 35 of this Act, include undertaking investigations on serious crimes such as money laundering and economic crimes. Arguably, if the Constitution mandates the DCI to “prevent corruption” it follows that investigating possible corrupt acts necessarily falls within the scope of this mandate. Therefore, interpretation of any Act of Parliament - including Acts detailing the functions of EACC- to suggest that the DCI has no role in investigating corruption, can only mean that such Acts are unconstitutional. Investigative role The EACC is equally mandated to investigate corruption and economic crimes and this springs from Article 79 of the Constitution that obligates Parliament to enact legislation to establish EACC to ensure compliance with and enforcement of Chapter 6 of the Constitution on leadership and integrity. Article 252 further provides that constitutional commissions, which would include EACC, may conduct investigations on their own initiative or pursuant to a complaint from a member of the public. EACC’s investigative role is further defined in Section 11(1) (d) of the Ethics and Anti- Corruption Commission Act providing that EACC shall investigate and recommend to the DPP the prosecution of any acts of corruption, bribery or economic crimes.
SEE ALSO :Officials probed over jobs scandalIt is, therefore, apparent from the foregoing that the two institutions have constitutional and legislative bases to investigate corruption. The mandate given to the Office of the DPP further buttresses this point. Under Article 157(4) of the Constitution, the DPP has power to direct the Inspector General to investigate any information or allegation of criminal conduct. It is not in doubt that corrupt acts are criminal in nature, and therefore, the DCI, which is under the direction, command and control of the Inspector General, can rightly investigate corruption matters. Legal authority Away from legal technicalities on the mandate of the two institutions and beyond the rhetoric, Kenyans simply want results in the fight against corruption. We have witnessed in the past botched investigations on corruption because institutions mandated to hold corrupt individuals to account failed to coordinate and were preoccupied with small-time turf wars. This has included the absurd, where EACC and DCI conduct parallel investigations on the same matter. There is renewed hope, however, with institutions attempting a coherent approach to fighting corruption. [email protected]
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