Chief Justice David Maraga has now hit back at the prosecution on the war against corruption.
Maraga says the war on corruption will only be won through the rule of law urging the prosecution to ensure that all cases presented to court are watertight to warrant successful convictions.
Maraga warned that the courts will not entertain shoddy cases that are meant to achieve some selfish ends.
The Chief Justice was speaking during the swearing in of the Ethics and Anti Corruption (EACC) Chief Executive Twalib Mbarak.
Maraga warned the prosecution that the court is guided by the evidence adduced and it won’t hesitate in throwing out cases that cannot stand evidential threshold.
“We want to assure you that the Judiciary will continue to do its part but let me say we’ll not allow you to use the Judiciary as the scapegoat. If you bring a hopeless case, we’ll say in our judgment why we’re dismissing it,” Maraga said.
He said the onus was with prosecution not to rush to present suspects to court without enough evidence as this was dragging many cases and leading to acquittals due to weak evidence.
Responding to Attorney General Kihara Kariuki who had challenged the judiciary to up its game on the war against graft the Chief Justice said the court will not be used as scapegoat for hopeless cases.
The new EACC chief Executive who was taking oath of office promised to scale up the war on corruption promising to make the vice a high-risk venture and ensure Kenya is not hospitable for the corrupt.
“I assure all Kenyans that the fight against corruption is on course. The Commission is committed to sustaining the momentum built by the efforts of all the enforcement agencies, the goodwill received from our country’s top leadership, and all Kenyans at large”, he said.
He added, ” I will not relent in raising awareness on the dangers of corruption and to enlist your support in the fight against corruption and continuously engage you through the mainstream and social media platforms”.
According to Mbarak, he will need the support of all stakeholders, particularly the Office of the Director of Public Prosecutions, the Directorate of Criminal Investigations, the Media sector and Citizens, in general, to effectively execute his mandate.
He has also promised to build the intelligence capabilities and undercover operations in order to use information not only for reactive purposes but to improve knowledge of emerging threats and to identify proactive investigative lines.
He further emphasized the need to ensure expeditious completion of investigations by reviewing the processes and unblock any procedural bottlenecks that prevent EACC from working effectively.