We've done our job well, EACC's Waqo says after DPP returns files with gaps
3 months ago, 13 June 17:09
The EACC has defended its record saying current statistics show that they have achieved 79 per cent convictions on all the cases they have investigated.
CEO Halakhe Waqo said this translates to up to 99 per cent concurrence rate.
This means that for every ten cases the commission has forwarded to the DPP’s office, nine have been successfully prosecuted on basis of strong evidence.
"Because even the records we have show that in 2016/17 financial year, we had 33 cases concluded by court out of which 25 were convictions, five discharges, and three acquittals."
"If matters change from now henceforth, time will tell and records will tell. But for now, I want us to be that forthright. We do our work intensely," Waqo added.
Waqo’s claims are, however, a contradiction of basic facts considering that no high profile corruption case has ever been successfully prosecuted.
These include Anglo Leasing, Chicken Gate, Goldenberg, NYS, Maize scandal and the Karen land saga.
Waqo said the commission has the best investigators and engages specialists in professions such as procurement, surveyors, forensic analysts among others.
He said by the time the commission decides to propose cases to the DPP for prosecution, it is convinced that it has gathered enough evidence to sustain a prosecution before court.
The CEO made the remarks at a joint press conference with DPP Noordin Haji on Wednesday at EACC headquarters at Integrity Centre, Nairobi.
His remarks came hours after Noordin informed the Senate Committee on Justice and Legal Affairs that it has been unable to prosecute some corruption cases because "they had gaps".
The DPP said three out of four files the EACC forwarded to his office concerning governors implicated in corruption cases, lacked sufficient evidence.
"The truth of the matter is that they were gaps and there are gaps and there is no two ways. Where there are, we will point out and return to the EACC to ask them to do further investigations and to bring the required evidence," Noordin said.
He told the Senators that some of the gaps are as a result of among other things, "oversight on the part of the investigating officers on very pertinent issues".
During the press conference, however, Noordin said returning of the files back to the EACC does not in any way point to incompetence on the commission’s side.
"The process is the way it is because the law has provided for it. Once investigations are complete, the files are brought to the ODPP for us to look at it and decide whether we can prosecute or not."
The assertions came in the wake of concerns among Kenyans who have questioned EACC's capacity to investigate prosecutable cases.
There are also calls for the disbandment of the anti-corruption body owing to failure to prosecute senior state officers implicated in graft.
"And where there are lose ends and gaps, then we do that and return and ask the investigators to cover those areas," the DPP said.
He added that that was the procedure that was followed in the ...
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