Former Integrity head makes far-reaching proposals to agency

By Beauttah Omanga

As he left, Justice Aaron Ringera says the anti-corruption war will not be won if the watchdog is not given teeth.

Unlike in other countries where similar agencies have prosecutorial powers, KACC relies on the Attorney General’s office.

Ringera also proposed that the commission be anchored in the Constitution for it to have independence and greater authority.

Such a move, he said, will deal with many of the challenges the commission encounters in court and immunise it against constant threats of disbandment.

Ringera said experience has shown that in Africa commissions with combined investigative and prosecutorial mandate have succeeded.

Element of surprise

He regretted that a constitutional amendment had rendered the agency a mere investigative arm.

The commission should have authority to ask a suspect and their associates to provide a list of their properties and how they acquired them.

"It is also necessary to restore the power to ask for information and the production of documents without first obtaining court orders and to provide that the information and documents so supplied may be used in evidence," he told a news conference at Integrity Centre.

Ringera regretted that at the moment the commission was deprived of the element of surprise necessary in investigation, and most of the information it gathers is academic, as it cannot be used against suspects.

"It is also necessary to have a specific provision barring the prohibition of an investigation by a judge or magistrate. At the moment the commission cannot impound travel documents and many investigations are paralysed by prohibition orders," he added.

Ringera urges that to speed up corruption cases, it should be provided in the Constitution that once a trial begins, the court will not issue orders of stay of proceedings or similar orders on any grounds, and that alleged violation of the constitutional rights of the accused be determined in the judgement.

He wants the Constitution to allow for criminal cases to be determined in three years.

Extremely tempting

On asset tracing and recovery, the former KACC director said the Commission should have power through the Crime and Money Laundering Bill 2009.

The wealth declaration system needs an overhaul. Ringera said only senior public servants like PSs, MPs and ministers and others employed in extremely tempting positions such as revenue collection, law enforcement and procurement of the public sector should declare their wealth to make the exercise effective.

Ringera also recommends that his successor gets a fixed term of between eight and ten years. This will not leave his fate in the hands of people he has rubbed the wrong way in the course of duty.