Rédaction Africa Links 24 with Kenyans.co.ke
Published on 2024-02-23 11:57:52
The Ethics and Anti-Corruption Commission (EACC) found itself at odds with the Office of the Director of Public Prosecutions (DPP) over the decision to drop charges against former government officials. This disagreement came to light during a case hearing at the Mkilimnai law court on a Thursday in February.
During the hearing, the DPP sought to withdraw the case against three senior government officials at the Geothermal Development Company (GDC), leading to an adjournment of the proceedings. However, the EACC opposed this move, citing that the intention to drop the charges was not in the public interest or meant to prevent the abuse of the legal process. They further questioned the motive behind dropping the charges.
Conversely, the DPP argued that there was insufficient evidence to support the allegations against the former government officials. The accused trio had been charged with fraudulently procuring rig moving services at exaggerated prices in 2015 while still in office. Notably, the former managing director and four other members of the company’s tender committee were also set to face charges but have since been acquitted. The case revolves around the illegal awarding of a Ksh42.7 million tender to a clearing and forwarding company, representing a 100 per cent increase from the previous year. The case was adjourned and will be mentioned on March 4.
Subsequently, the EACC and the DPP were again in disagreement on Friday, with the EACC opposing the move to drop charges against former Kenya Pipeline Authority officials. In this case, which involved the former managing director, chief engineer, and chief technical manager, the EACC questioned the decision of the ODPP to seek the charges withdrawn.
The diverging positions of the two authorities have brought to the fore the complexities of prosecuting and investigating corruption cases. This situation raises important questions about the threshold of evidence required for such cases and the discretion of the prosecuting authority to drop charges. It also underscores the importance of transparency and accountability in the handling of corruption-related cases.
The outcome of these disagreements remains to be seen, but it is evident that the EACC and the DPP are committed to their respective mandates in the fight against corruption. The legal process will continue to unfold, and the public will be keenly watching to see how these cases are resolved. Ultimately, the preservation of public trust and confidence in the justice system will depend on the integrity and fairness of the legal proceedings.
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