President Uhuru Kenyatta told to constitute graft body

Senate Legal Affairs Committee has cautioned President Uhuru Kenyatta that his war against corruption could suffer a fatal blow unless he expedites the reconstitution of the Ethics and Anti-Corruption Commission (EACC).

The committee said files from EACC secretariat that are currently being used by the Director of Public Prosecution (DPP) to prosecute cases could be declared unconstitutional for being forwarded by incompetent commission.

The committee wants the President to expedite the process of appointing commissioners to replace the Mumo Matemu-led group that resigned in the wake of impropriety allegations.

The committee vice-chairman, Nandi Senator Stephen Sang' said the President's determined fight against corruption could suffer if individuals are being taken to court following recommendations from the EACC secretariat.

"We raised the issue over the constitutionality of the secretariat forwarding the files. The EACC Act places the responsibility on the Commission, but the secretariat insisted that it had received an advisory from the Attorney General approving the same," said Mr Sang', who deputises former Attorney General Amos Wako at the committee.

The senator said the committee had cautioned that the position of the AG was erroneous, but EACC went ahead and forwarded the files.

Sang' said to avoid jeopardising the war on corruption, the President should move fast and have a full commission in place.

The commission's legality is among the issues raised by suspended Roads Cabinet Secretary Michael Kamau.