The Ethics and Anti-Corruption Commission (EACC), an agency appointed by President Uhuru Kenyatta and mandated by law to lead the war against graft, has been put on the spot on whether it is carrying out it's required duties as stipulated.
According to Senate's Justice and Legal Affairs Committee, the commission, led by its chairman Eliud Wabukhala, has increasingly lost relevance in the fight against graft.
Lead by the Committee's chair Nandi Senator Samson Cherarkey, the legislators noted that the graft body has over the years prosecuted the 'small fish' in any corruption scandal as opposed to dealing with anyone involved including senior government officials.
[caption caption="File image of EACC Chairman Eliud Wabukhala and his commissioners"]
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In their quarterly report dated 1 July to 30 September, the EACC forwarded 52 cases to the Director of Public Prosecution’s office, with 42 of these being recommended for prosecution and seven files recommended for closure.
Additionally, of the 42 recommended for prosecution, 26 involved individuals, mostly traffic police officers accused of soliciting bribes of between Ksh100 and Ksh5,000 and more than ten of these involved cases of individuals accused of unethical conduct, which includes nepotism and payroll maladministration within county governments.
The Senate committee also noted that the agency seems unaware of the direction investigations of grand graft cases were taking even as the country is facing major corruption.
Makueni Senator Mutula Kilonzo argued that there is no need for the EACC since many of its functions are being undertaken by the Directorate of Criminal Investigations (DCI).
This week, a report by Parliament's Departmental Committee on Lands condemned the commission for its role in the irregular awarding of Ksh1.5 billion to a private developer's compensation for prime city land.
"The Committee further recommends that the Ethics and Anti-Corruption Commission should take responsibility for loss of public funds amounting to Ksh1,500,000,000 for delay and failure to safeguard against the loss of the funds,” the report reads.
The Committee also observed that EACC had been uncooperative in the course of the hearing of the matter, evidenced by its failure to avail a confidential report on the matter on time as agreed and moving slowly to stop the movement of monies involved in the transaction.
However, while appearing before legislators EACC CEO Halakhe Waqo noted that they have not been able to carry out major investigations since the commission has limited resources.
Last year, EACC was allocated Ksh2.8 billion and in the last five years, Waqo’s team has received Ksh12 billion in the war against graft, a figure that the EACC CEO announced isn’t enough to fight graft.
[caption caption="File image of EACC CEO Halakhe Waqo"]
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