Why Corrupt Persons Will Not be Jailed

Lawmakers seated in Parliament
  • A proposal by a Member of Parliament is seeking to substitute jail terms for persons indicted on graft charges.

    If approved, the bill tabled by Nominated Senator, Farhiya Ali, will see corruption suspects negotiate with the Office of the Director of Public Prosecutions (ODPP).

    The proposed bill seeks to offer clemency to public officials caught up in shady dealings.

    The legislator says the proposals have been prompted by the long periods taken by courts to conclude these cases and issue a verdict.

    Lawmakers seated in Parliament.

    In the proposal, the terms of the agreement will include the suspects publicly admitting to their crimes and returning the stolen wealth.

    This will be termed as Deferred Prosecutions under the The Anti-Corruption and Economic Crimes (Amendment) Bill.

    In support of her bill, the nominated Senator stated that this will work to address the deficiencies in the legal framework.

    “The deferred prosecution agreements framework is in response to perceived deficiencies in the existing prosecution framework involving economic crimes, which include expensive and complicated investigations and trials for offences of economic crime,” she stated.

    The bill, if approved, will grant the ODPP the authority to make a deal with the defendants before charges are leveled against them.

    The bill seeks to offer the suspects an opportunity to return all wealth acquired illegally, pay interest on the funds, reimburse those affected by the crime and pay a financial fine to the ODPP.

    In addition, the ODPP will put together a draft charge that will contain conditions such as acknowledgement of the crime by the perpetrator, together with the rights and obligations of the individuals involved in the agreement.

    However, this will only apply after careful consideration and when the ODPP is satisfied that it will serve public interest.

    Some of the most notable persons who are battling graft related charges include former National Treasury and Planning Cabinet Secretary, Henry Rotich, ousted Kiambu Governor, Ferdinard Waititu, outgoing Migori Governor Zachary Okoth Obado, and former Nairobi City County Governor, Mike Sonko.

    Gavel on the bench in the courtroom
    Gavel on the bench in the courtroom
    corruption stolen suspect illegal