Twalib Mbarak has his work clearly cut out for him at EACC

Ethics and Anti-Corruption Commission (EACC) CEO Nominee Twalib Abdallah Mbarak during the vetting process before the National Assembly Committee on Justice and Legal Affairs at Parliament. [Boniface Okendo/Standard]

Last week, Parliament unanimously approved former military intelligence officer, Twalib Abdallah Mbarak to take over from Halakhe Waqo as Chief Executive Officer of the Ethics and Anti-Corruption Commission (EACC).

Waqo leaves EACC after serving a six-year nonrenewable term which has been largely colourless.

Shortlisted from a list of 13, Mbarak was hired in a process that many trust was credible. Unlike his predecessors, Mbarak is not coming in under a cloud. He is not new in the anti-corruption agency, having served in the commission before joining KenGen

But Mbarak is taking over a job that has a long list of casualties. His predecessors were haunted out of office in the most dramatic circumstances. Like him, they too came in with a lot of energy and promises but left all bruised.

Like his predecessors, Mbarak has to confront the reality of a weakened EACC that many Kenyans will be forgiven for not taking seriously. He comes in weeks after the same parliament that vetted him received a Bill seeking to strip EACC of its core mandate.

The Bill proposes to take away EACC’s investigative powers and deny the commission proprietorial powers similar to those vested on the Office of the Director of Public Prosecutions.

This will not be the first time that EACC is being cited for its largely lackluster performance. Since inception, the commission has survived several attempts to disband it. Three years ago, the commission almost imploded from internal wrangles pitting its chairman, chief executive officer and his deputy.

Undoubtedly, the commission has been struggling to survive both internal and external pressures. But the perception of inaction has grown over the years. A media-shy chairman has not helped matters. 

There is a general feeling out there that EACC has failed in its mandate to fight graft. Most recently, the commission has been overshadowed by the energy and vigour exhibited by two other agencies: the Office of the Director of Public Prosecution, and Directorate of Criminal Investigations in the pursuit of corruption suspects.

There is a general perception out there that EACC has outlived its purpose; that it unnecessarily duplicates the work of DCI. The commission has fought back, arguing that it is underfunded and that corrupt cartels were out to bring it down.

Last year, the commission was allocated Sh2.8 billion. In the same period, the commission reported 39 corruption convictions. This cannot, by any stretch of imagination, be described as an impressive score card. In the last five years, the commission has been allocated Sh12 billion. Kenyans want to see value for these billions.

Mbarak comes in with years of experience in intelligence gathering. Ironically, insiders within the EACC have blamed the country’s intelligence of working for its down fall. Mbarak will need all his skills and experience to counter this perception.

His appointment reaffirms President Uhuru Kenyatta’s growing inclination towards former military and intelligence officers to lead the fight against graft.  His counterpart in the ODPP, Noordin Haji has some intelligence background as well, having served as Deputy Director of Counter Organised Crime at the National Intelligence Service.

Kenyans hope that the two will rhyme and complement each other to add a new impetus in the war against corruption. Only this way will the perception that EACC has been overshadowed by ODPP come to an end.

For in truth, the country needs every hand on board if the dragon of graft is to be slayed. While Kenyans have every right to feel that EACC has been corroded into a toothless bulldog, there are a few who still believe that theit can be salvaged.

Although perceptions of inaction persist, there are those who still believe that the weakening the commission is not the solution; and that a new broom will infuse new energy in the agency.

This makes Mbarak’s work clearly cut out for him.  It will be up to him to revitalize and redeem EACC’s image and restore the confidence of Kenyans in the agency.

He must convince Kenyans that EACC is still relevant in the fight against graft.