Motion filed seeking to disband EACC

Written By: John Jacob Kioria

Eliud Wabukala

A motion has been filed in the National Assembly seeking to disband the Ethics and Anti-corruption Commission (EACC).

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Aldai Member of Parliament Cornely Serem claims the anti-graft body has failed in its principal mandate of investigating corrupt cases and recommending individuals for prosecution.

The motion by Serem only adds up to a number of murmurs of those who feel that EACC is inept in the fight against the graft.

This is not the first time, as a section of Kenyans raise questions if indeed it has any teeth to bite.

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The spotlight shining on the commission for failing to read corruption signals amounting to billions of shillings at the National Youth Service (NYS) and the National Cereals and Produce Board (NCPB).

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However what many are asking was why the EACC was bypassed by investigating agencies in the NYS loot perhaps drawing from the past experience that the commission has never prosecuted a single case to fruition yet receiving funds yearly purposely to fight the graft.

Courts in the country have dismissed most of the EACC cases owing to insufficient evidence.

In March, Chief Magistrate Kennedy Bidali acquitted former Devolution PS Peter Mangiti citing insufficient evidence in the case relating to the loss of 791 Million shillings at the NYS.

The Anti-graft body has for years been investigating the Anglo-leasing and the Goldenberg scandal in which tax payers lost billions of money.

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There have been no tangible conclusions or convictions on these mega scams.

Apart from Goldenberg, Anglo-leasing scandals, the Triton oil scandal, the Kazi kwa Vijana programme scandal, and the 2010 Maize scandal are some of the other unconcluded matters even when it was clear they were major heists in which the tax payer lost Billions of shillings.

President Uhuru Kenyatta during an anti-corruption summit at State House Nairobi is on record reprimanding EACC CEO Halakhe Waqo accusing him of furnishing him with an ill prepared infamous list of shame that he tabled in parliament during his state of the Nation Address in March 2015.

Most of those named in the list of shame even after resigning from office have been cleared of the allegations or their cases still pending in court. It’s perhaps against this backdrop that Aldai Mp Cornelly Serem has filed a motion seeking to disband the EACC.

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Serem says the EACC has nothing to show in the war against graft and was undeserving of Kenyan taxes and instead wants EACC’s budgetary allocation diverted to the Directorate of Criminal Investigations.

However Legal Affairs Committee chair in the National Assembly William Cheptumo and Lawyer Ambrose Weda are proposing legal amendments to the EACC Act to give the body prosecutorial powers.

Weda attributes public pressure to the substandard investigations by EACC allowing the suspects loopholes to dodge convictions.


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