NewsEACC Opposes Governors Push for Immunity

EACC Opposes Governors Push for Immunity

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  • The Ethics and Anti Corruption Commission (EACC) has opposed the push by governors to remove collective criminal responsibility in the management of resources at the county governments. 

    In a press statement on Friday, November 13, EACC CEO Twalib Abdallah Mbarak cautioned that the proposal which the county bosses want to be included in the Building Bridges Initiative (BBI) report would open the counties to plunder.

    The governors argued that they were unfairly targeted in corruption investigations since they are not involved in running county governments accounts. 

    Ethics and Anti-Corruption Commission CEO Twalib Mbarak.
    File

    “The commission’s experience in conducting investigations has demonstrated the modus operandi of several governors to conceal their role when engaging in corrupt conduct. 

    “This includes issuing verbal instructions to junior employees, intimidation and eventually receiving benefits through proxies. Due to the foregoing, EACC will not be in support of excusing governors from collective criminal responsibility,†Twalib cautioned. 

    He noted that corruption is a well planned, executed scheme characterized by deceit and concealment. 

    The EACC CEO added that the responsibility for crime has both elements of personal and collective culpability.

    “Therefore, EACC cautions against considering the proposal by Governors to remove the element of collective criminal responsibility. Such a law or regulation would give immunity to some of the main perpetrators of corruption and economic crime hence promoting impunity in Kenya,†Twalib concluded. 

    The anti-corruption watchdog is investigating at least eight more governors on abuse of office and corruption as the renewed war on graft continues to gather momentum.

    They include Kirinyaga Governor Anne Waiguru, Mohamud Ali (Marsabit), Amason Kingi (Kilifi), Alex Tolgos (Elgeyo Marakwet), Ali Korane (Garissa), Wycliffe Wangamati (Bungoma), Charity Ngilu (Kitui) and Mwangi wa Iria (Murang’a).

    Director of Public Prosecutions (DPP) Noordin Haji has also cautioned governors who have been charged in office against violating their bail terms. 

    “It’s frustrating to see Governors go back to the office even after they have been charged with corruption. The office will continue to monitor those accused to ensure they don’t interfere with investigations,†Haji stated.

    Migori Governor has asked the court to compel the DPP to reduce charges against him in the Ksh73 million case. he argued that multiple charges would prevent fair trial.

    DPP Noordin Haji (right) presents the 2017/2018 and 2018/2019 Performance Report to President Uhuru Kenyatta at State House on Monday, November 9, 2020.
    DPP Noordin Haji (right) presents the 2017/2018 and 2018/2019 Performance Report to President Uhuru Kenyatta at State House on Monday, November 9, 2020.
    File
  • Source: KENYAGIST.COM

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