NAIROBI, Kenya, Sep 14 -The Ethics and Anti-Corruption Commission (EACC) has shed light on the difficulties faced by the anti-graft agency when pursuing high-profile individuals linked to major corruption scandals in the country.
EACC Chairperson David Oginde identified the legal framework as a significant challenge, outlining how suspects have adeptly navigated the justice system, making it challenging to hold them accountable.
He pointed out that the burden of proving guilt beyond reasonable doubt in corruption cases poses a significant challenge.
“The way the law is structured on corruption cases especially for criminal, you have to prove your case beyond reasonable doubt. That is not easy in corruption cases,” Oginde said Wednesday, when the commission met with the members of the Kenya Editors Guild in Nairobi.
“The person is innocent until proven guilty and until they have exhausted the whole judicial system. It doesn’t matter even if they are nailed by the lower courts, they’ll continue until they reach the Supreme Court.”
Acknowledging the intelligence of those involved in major corruption cases, Oginde revealed that some of them often engage consultants and professionals to craft strategies for the discreet use of public funds without raising red flags.
He underscored the necessity for EACC investigators and intelligence officers to possess a similar level of acumen to unravel these intricate schemes.
Despite the commitment of EACC’s investigative team, Oginde said the process can extend over several years.
“I was calculating the other day that a case that goes from beginning to end of this big corruption without interference along the way, will take 5 to 6 years to clear if everything is done well. That’s what make this big corruption very difficult to nail down,” he explained.
He went on to say that the EACC is formulating innovative strategies in bid to target high-profile individuals involved in graft when they are the most vulnerable.
“We believe it is going to work. Give us time and watch this space,” Oginde said.
However, he refrained from disclosing further details about the strategy to prevent alerting the culprits.
Oginde expressed optimism that the government’s support and commitment to addressing corruption will bolster the EACC’s anti-graft endeavors.
On his part, EACC CEO Twalib Mbarak elaborated on the commission’s policy of not disclosing the identities of individuals involved in government asset-related cases, such as land grabs.
He emphasized that some individuals act in good faith and request privacy when surrendering the property.
“Sometimes we are caught in quagmire, an old person has walked into the commission in good faith and asks to surrender the property in question. It is a very big plus to us, we have recovered without going to court to be dragged for 10 years. we have cases that are 15 years and are yet to be resolved,” he said.
“We don’t hide as such but sometimes we are put in a very delicate situation.”
Highlighting the complexities and delays in corruption cases, Mbarak revealed that the commission has opted to prioritize asset recovery over other investigative avenues.
“We have charged 9 governors; those cases have one year to go. I am sure the cases will be determined long when I am retired. They are, moving too slowly,”
Both Oginde and Mbarak refuted claims that the EACC was being used as a political weapon against certain individuals within and outside the government.
They called upon the media and the public to collaborate with the commission in its mission to combat corruption and pledged to deal with corruption cases impartially and without bias.
