KACC now seeks more say in graft cases

By wahome thuku

The Kenya Anti-Corruption Commission has applied to be enjoined as a friend of the court in a corruption case against business tycoon Yagnesh Devani.

The KACC wants to ensure it is fully represented in the multi-billion shilling fraud case. The application was made by KACC Assistant Director Pravin Bowry, but strongly opposed by six defence lawyers.

Devani, who is still at large, is charged alongside Triton Petroleum Company and six other suspects with several counts of fraud. Now the KACC, which has no prosecutorial powers, is claming constitutional rights to be enjoined in the trial. The KACC is only an investigative body as all prosecutions are conducted by the State Law Office, a scenario that has been a source of conflicts between the two institutions.

"We intend to put on record certain investigative matters to further our public duty and for the interest of justice," Bowry told Senior Principal Magistrate Lucy Nyambura.

Fair hearing

He argued that the new Constitution had broadened the concept of fair hearing to cover all those interested in the outcome of the dispute.

"To sideline the investigator would be contrary to the Constitution," he added. Mostly organisations established by the law or those with high expertise in specific fields apply to be enjoined as friends of the court in proceedings. A friend of the court only assists the parties in understanding and interpreting the law. Senior State Counsel Edwin Okello was on Tuesday allowed time to consult his seniors over the application. Yesterday he said the AG did not oppose it.

But defence lawyer Wambua Kilonzo argued that KACC as the investigator could not be enjoined as a friend of the court since they already had interest in the outcome of the case. Wambua said the commission’s role would only be to produce witnesses through the AG’s office.

Bowry was allowed more time to prepare and respond this morning.