EACC & DPP Differ Over Withdrawal of Graft Case Linked to Ex-Govt Officials

Ethics and Anti Corruption Commission (EACC) CEO Twalib Mbarak giving a speech
Ethics and Anti Corruption Commission (EACC) CEO Twalib Mbarak
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The Ethics and Anti-Corruption Commission (EACC) differed with the Office of the Director of Public Prosecutions (DPP) over plans to drop charges against former government officials.

On Thursday, February 22, at the Milimani Law Court, a case hearing was adjourned as the DPP sought to withdraw the case against three senior govt officials at the Geothermal Development Company (GDC).

The anti-graft body opposed the application as the two authorities cited different reasons for their prayers. 

In its application, EACC told trial magistrate Thomas Nzuki that the intention to drop the charges was not made in the public interest or was intended to prevent or avoid the abuse of the legal process.

A photo of Milimani Law Courts in Nairobi
A photo of Milimani Law Courts in Nairobi
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The Judiciary

EACC further probed the motive behind the charges being dropped.

Meanwhile, the DPP argued that there was no sufficient evidence to support the allegations levelled against the former government officials. 

The trio were accused of fraudulently procuring rig moving services at exaggerated prices in 2015 while still in office.

During the case, the former managing director alongside four other members of the company’s tender committee were also set to face charges but have since been acquitted.

At the centre of the case is the illegal awarding of a Ksh42.7 million tender to a clearing and forwarding company, a 100 per cent increase from the previous year.

The case will be mentioned on March 4.

Consequently, the two authorities also differed on Friday 16, after EACC opposed the move to drop charges against the former Kenya Pipeline Authority officials.

In the case that involved, the former managing director, chief engineer and chief technical manager, EACC questioned the ODPP's decision to seek the charges withdrawn. 

A photo of a gavel used in court.
A photo of a gavel used in court.
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