Ethics and Anti Corruption Commission (EACC) Chairperson, David Oginde on Thursday accused the Director of Public Prosecutions (DPP) Renson Ingonga of crippling the war against graft and hindering his agency from discharging its constitutional mandate.
In a brief statement, Oginde accused the ODPP of the constant dropping of high-profile corruption cases without proper legal justification.
The EACC boss took a swipe at Ingonga following the withdrawal of the Ksh8.5 billion corruption case against former Tourism Cabinet Secretary Najib Balala.
“With these kinds of actions, our work is undermined!” Oginde lashed out.
Oginde's comment comes after Balala was acquitted of a Ksh 8.5 billion corruption case where the former minister had been accused of engaging in procurement fraud.
In Oginde's view, the ODPP withdrew the case in an unwarranted manner and against the country's best interests.
Despite initially rejecting the withdrawal of the case, a court in Malindi acquitted the accused persons and ruled that any future decision to charge them afresh on the same facts would be an abuse of the court process.
However, EACC opposed the DPP’s bid to withdraw the case, claiming it was against the public interest and a drawback in the fight against corruption.
"The Anti-Corruption Magistrate declined to admit an Affidavit by the EACC Investigator opposing the withdrawal," revealed EACC detectives.
Balala was arrested by EACC on December 22, 2023, and charged with alleged procurement fraud and theft of public funds.
His arrest and arraignment came after the DPP, upon independent review of the file, concurred with EACC that there was sufficient evidence to charge the former CS.
The ex-CS had also been accused of unlawfully acquiring of public property contrary to Section 45(1)(a) as read with 48(1) of the Anti-Corruption and Economic Crimes.
"The unfortunate withdrawal of this case by the DPP came on the day the matter was scheduled for a mention to fix a hearing date," EACC stated.
