Judiciary clerk may walk free as graft evidence disappears

A Judiciary employee accused of corruption may walk free after mystery emerged over the whereabouts of key evidence intended to support his prosecution.

Moses Gitonga was arrested by the Ethics and Anti-Corruption Commission (EACC) over claims he solicited and received a Sh50,000 bribe. At the time, he was stationed at the Marimanti Law Courts in Tharaka Nithi County. He was subsequently charged in a magistrates’ court with two counts: requesting a benefit and receiving it.

However, five years on, the case may be withdrawn if the Director of Public Prosecutions (DPP), Renson Ingonga, heeds a recommendation by the EACC, which has reported discrepancies between the original evidence obtained and what is currently in its possession.

EACC Upper Eastern Regional Manager, Magare Oira, formally requested the DPP to consider dropping the case. In a letter dated August 8, 2025, Oira wrote: “Due to discrepancies regarding the physical possession of the exhibit evidence in this case, the integrity and credibility of the chain of custody record is affected and will likely face legal challenges by the accused person in court. In view of the above, we are of the opinion that your esteemed Office consider withdrawal of the case.”

EACC and DPP rift

This case comes amid growing tensions between the DPP and the EACC over the withdrawal of corruption cases. The EACC claims that of 18 recent cases that were terminated, the DPP neither consulted the commission nor provided adequate reasons.

Appearing before the Senate Public Accounts Committee, EACC Chairperson David Oginde and CEO Abdi Mohamud criticised the lack of coordination. “The Constitution has given those powers to the DPP. He can do whatever he wants with a case,” said Mohamud, responding to senators’ concerns, adding, “Kenyans expect to see meaningful results in the fight against corruption.”

According to the EACC, Isiolo County recorded the highest number of case withdrawals (three), followed by Makueni, Tharaka Nithi, Garissa, Turkana, Nakuru, Nyeri, Embu, Kericho, Nyamira, Kitui, Taita Taveta, Kwale, Meru, and Kakamega, each with one case. “While we are not questioning the withdrawal of the cases, it is our humble plea that, as investigators, we be informed when such decisions are made,” said Mohamud.

The rift between the agencies has also been evident in court. In the case involving former Migori Governor Okoth Obado, accused of misappropriating Sh500 million, the EACC publicly stated that it was not consulted on the plea bargaining agreement reached by the DPP.

As for Gitonga, the bribery allegations stem from a claim that he accepted a bribe from a member of the public seeking assistance in a defilement case.

The DPP is now reviewing the EACC’s letter and will decide in due course whether to proceed with the prosecution or formally terminate the matter.