'Sheria Mtaani' defends DPP on graft

A civil rights lobby group has defended the Office of the Director of Public Prosecutions (ODPP) over allegations that it has been an impediment in the fight against corruption.

Instead, Sheria Mtaani with lawyer Shadrack Wambui has whipped the Ethics and Anti Corruption Commission (EACC) as the weakest link in the fight against corruption.

In a petition filed by Sheria Mtaani in defence of the DPP Renson Ingonga, lawyers Danstan Omari and Shadrack Wambui have categorically stated that the graft investigative agency is the one to blame at the slow pace at which graft cases are investigated with conclusivity.

The lawyers castigated the EACC for melodoning and trumpeting in the press how it has been fighting corruption “only to be let down by the ODPP”.

Mr Wambui stated that “all what EACC does is to arrest suspects, hold them at Kilimani Police Station and have them released on police bond without investigations being conducted.”

The lawyers said EACC has been doing shoddy investigations and then forward the files to the ODPP for action.

Upon perusal of the files, the ODPP gives an opinion as to whether prosecution will be conducted or not.

"When the ODPP recommend further investigations to the files forward by EACC it is because they have loopholes which make the graft cases weak," Mr Omari said.

The return of the files to the EACC does not make the DPP's office weak in fighting corruption but to recommend thorough investigations in some areas.

Mr Omari said that Article 157 of the Constitution vests the prosecutorial powers on the DPP. He added that the DPP superintends investigations conducted by other investigative agencies before deciding whether to charge or not.

He further said that EACC has been attempting to be given autonomy to prosecute cases which it will never get since it is an investigative body.

The lawyer said that there has been attempts to remove the DPP from office in vain.

"All the eight petitions filed before the Public Service Commission for the removal of Ingonga have all been dismissed," He said.

The lawyer shielded the DPP against withdrawal of cases citing that the (DPP) does not have powers to terminate cases which lies in the hands of the court. He clarified that the DPP request the court to withdraw a matter by giving reasons which the court can approve or disapprove.

Mr Omari said that in a year the DPP files a report in Parliament on the number of files terminated.

"In a year the DPP withdraws at least 3,000 cases either on request by the defence lawyers or by lack of witnesses," he said.

This comes after revelation by the president that members of Parliament are engaged in graft which has led church leaders and stakeholders to call for action against corrupt legislatures.