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Agencies want leaders facing charges barred from office

By Moses Nyamori | August 25th 2021

Ethics and Anti-Corruption Commission (EACC) CEO Twalib Mbarak (left) shares a word with the Director of Public Prosecutions Noordin Haji during a meeting on Strengthening Stakeholder Collaboration within the Justice Sector towards Combating Corruption and Economic Crimes at Sarova Whitesands in Mombasa County on Monday, July 26, 2021. [Kelvin Karani, Standard]

Investigative agencies want governors, MPs and MCAs facing criminal charges barred from office pending determination of their cases.

The agencies are also pushing for legislation that will turn audit reports into prosecution tools in a move targeting accounting officers among them Principals Secretaries and parastatal CEOs.

Ethics and Anti-Corruption Commission boss Twalib Mbarak and Director of Public Prosecution Noordin Haji yesterday said it was frustrating to see politicians facing criminal charges continue serving.

They said provisions allowing leaders facing charges in court to exhaust all appeal mechanisms have been abused.

Mbarak said the agency had found itself in a precarious position ahead of 2022 as it cannot bar leaders facing charges, from contesting. The EACC boss said politicians facing charges of forged academic papers will still end up on the ballot since they are yet to be convicted.

Justice Mumbi Ngugi had in 2019 ruled that governors facing graft charges be barred from accessing office. However, the charged county bosses have remained in office.

“We have charged nine governors and they are still in office,” said Haji. They spoke at a forum convened by Parliament's Public Accounts Committee.

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