Thursday, February 22, 2024 - The Ethics and Anti-Corruption Commission (EACC) has stated that the Office of the Director of Public Prosecutions is the weak link in the ongoing fight against corruption in the country.
In what can be termed
as the beginning of a big war between the EACC and DPP, the Twarib Mbarak-led
institution accused DPP, Renson Ingonga of having favoritism in dropping some
cases.
Mbarak gave an example
of the DPP's bid to terminate the Ksh1.7 billion graft case against the former
GDC Managing Director Silas Simiyu six days after he sought to drop charges
against former Kenya Pipeline boss Charles Tanui.
In the two cases, DPP
Renson Ingonga says that his decision to drop the case against Simuyu and Tanui
is premised on grounds of a lack of sufficient evidence to prove the graft
cases facing them.
However, the EACC has
opposed the DPP's move to withdraw the graft cases against the duo arguing that
the same is an abuse of the legal process and not made in the public interest
and the interest of the administration of justice.
In the case of
Simiyu, though the application for withdrawal was not canvassed after the
defence team sought time to file a response, EACC through lawyer Hassan Muhamud
filed an affidavit vehemently opposing the DPP decision to terminate the case
arguing the move was against the Supreme Court decision that had ordered the
case to proceed to its logical conclusion.
"The accused
persons herein had unsuccessfully challenged their prosecution all the way to
the Supreme Court but on January 27, 2023, the Supreme Court dismissed their
final appeal and ordered that the trial pending before this court continue to
its conclusion and on a priority basis," Muhamud told the court.
The Kenyan DAILY POST.
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