Anti-Corruption Commission
Appellate
Directorate of Criminal Investigations
DPP
EACC
Ethics
High Court
Noordin Haji
Supreme Court

Tighten corruption cases

Legal experts have faulted the office of the DPP, the EACC and the Directorate of Criminal Investigations for deliberately bungling some investigations or presenting half-baked evidence in court – undermining their own cases.

Director of Public Prosecutions (DPP) Noordin Haji’s decision to move to the Supreme Court in the quest to salvage 127 corruption cases that collapsed in the lower courts due to legal technicalities is inspiring. It basically seeks to revive cases that were thrown out on grounds that the Ethics and Anti-Corruption Commission (EACC) wasn’t properly constituted when it conducted the investigations, effectively shielding the suspects from prosecution.Appellate judges last July upheld the High Court decision that the absence of the chairman and two commissioners rendered the investigations involving some Sh17 billion illegal.Without going into the merits of the Supreme Court case, it suffices to say that it will attract a lot of interest given the sheer amounts of money at stake.

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But it should also serve as another opportunity for prosecution and investigative agencies to put their house in order.Legal experts have faulted the office of the DPP, the EACC and the Directorate of Criminal Investigations for deliberately bungling some investigations or presenting half-baked evidence in court – undermining their own cases.Similarly, the Attorney-General’s office, which argued at the time that the commission was properly constituted despite multiple warnings to the contrary, must take its share of the blame.Kenyans have invested so much in these institutions, and they deserve better.

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