Lobby groups raise concerns over EACC, ODPP discord in combating graft

In a statement on Sunday, the two institutions said that the two offices have exhibited discord in determining the fate of corruption cases which threatens the integrity of combating corruption in the country.

While citing examples, they fronted a case where the ODPP sought to withdraw charges against three senior government officials of the Geothermal Development Company (GDC) citing insufficient evidence but EACC opposed it, arguing that the withdrawal could potentially perpetuate the abuse of the legal processes.

"A similar discord arose on 16th February 2024, concerning the withdrawal of charges against former Kenya Pipeline Authority bosses, further confirming the lack of harmony between EACC and ODPP in pursuing corruption cases," read the statement in part.

They also raised concerns over the withdrawal of high-profile involving individuals perceived to have strong political links by the ODPP, which have heavily punctured the public purse.

They have therefore recommended that the EACC should be granted prosecutorial powers to directly prosecute cases.

"This will also enhance coordination in investigative and prosecutorial processes, leading to more effective outcomes in corruption cases," read the statement.

They also want a strict adherence to the decision to charges given which they argue will minimize the risk of rushed or frivolous charges.

Another recommendation is prosecutors should be held liable for mismanagement of cases to discourage neglect of prosecutorial duty and also harmonise roles of the ODPP and the EACC to avoid conflict.