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The Headquarters of the Ethics and Anti Corruption Commission (EACC) in Nairobi. /CFM-FILE.

ANTI-GRAFT WATCHDOG

JLAC commences vetting for EACC commissioner nominees

NAIROBI, Kenya Oct 19 – The National Assembly Justice and Legal Affairs Committee (JLAC) on Tuesday commenced a vetting exercise for nominees to replace two commissioners who resigned from the anti-graft agency in September.

Retired Colonel Alfred Mutweta Mshimba who was the first to be vetted promised to reduce the turnaround time of corruption cases in the country.

“One of the strategies of fighting corruption is through deterrence. When you have high profile individuals prosecuted for engaging in corruption in the country you are creating deterrence. This is where the resources are concentrated,” said Mshimba.

This after the legislators claimed that the ongoing fight against corruption has bore no fruits despite the agencies against the vice putting on a spirited fight.

The retired colonel however pointed out that the current legal structure works against the quest on fast tracking corruption cases due to the loopholes in the law that derail prosecution of suspects.

He cited lack of a laid-out punishment regime for corruption offences and the issuance of bail in corruption cases as detrimental in the war against corruption.

“The law in our country allows bail and this are some of the issues that I recommend we change. As much as I want to move fast, I have to follow the law. Some cases are adjourned by the time the court is handling the matter the prosecutor has already retired, witness die and the accused has maybe passed on,” Mshimba said.

The EACC nominee implored JLAC within their power to look into the issue of a clear punishment regime and to change the legal structure to ensure timelines on handling corruption cases are set. He pointed out that the uncertainty in punishment is creating a breeding ground for graft.

“As a commissioner I will ensure that we have timelines in assignment on probe of corruption. Otherwise, we would be working on a vague status when it comes to dealing with these cases. There must be a price to pay if it’s not anchored in law then it becomes very difficult. The uncertainty in corruption is the one making people think they can get away with graft,” he told the departmental committee.

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Mshimba also vowed to use his military expertise of resilience to fight graft, saying he will not be cowed into submission.

“As a former retired military officer, I have been trained to work for 24 hours. If needed to work for 24 hours that is what am trained. I believe in training, if you train the staff on the strategy then we will all a line to our vision and strategy. You can have a good strategy but no implementers,” the retired general told the committee.

Monica Wanjiru Muiru, the second nominee whose name was forwarded by President Uhuru Kenyatta for consideration, also appeared before the committee.

Muiru, a lecturer Egerton University, told the committee that she intends to use her expertise in teaching

“Am not moving from teaching am just moving teaching to a higher level. Fighting this menace requires public education and therefore I will be educating the public through sensitizing them that corruption is detrimental to the nation,” said Muiru.

Lawmakers asked the EACC nominee to explain how best the country can deal with the issue of increasing public debt with a huge chunk of the money being lost to graft.

“Debt is not bad actually most developed countries have grown through debt. However there is need for transparent system on how monies are used and tenders are awarded,” she said.

The university lecturer pointed out that without proper goodwill from the multi-agency dealing with graft then the war against graft will remain a mirage.

The Head of State urged lawmakers to move with speed and approve the two nominees as he seeks to fill vacancies that left the EACC strained in its efforts to spearhead the fight against corruption.

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EACC currently has Sophia Lepuchirit and Mwaniki Gachoka as the only remaining commissioners alongside Chairperson Eliud Wabukala. Lepuchirit and Gachoka are set to retiree in December which potentially means there will be a vacuum.

JLAC is expected to file a report before the house recommending or rejecting either of the  nominees. The report will be debated by the House before a resolution is made to either approve or reject the nominees.

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