Ethics and Anti-Corruption Commission (EACC) Chairperson David Oginde has publicly condemned Director of Public Prosecutions (DPP) Renson Ingonga for what he perceives as a significant setback in Kenya’s fight against corruption.
On Thursday, Oginde issued a scathing rebuke, accusing the DPP’s office of systematically undermining anti-graft efforts and impeding the EACC’s ability to fulfill its constitutional obligations.
Oginde’s criticism was prompted by the recent withdrawal of a high-profile corruption case involving former Tourism Cabinet Secretary Najib Balala.
The case, which centered on allegations of procurement fraud and the misappropriation of Ksh 8.5 billion in public funds, was unexpectedly dropped by the DPP’s office.
He argued that the ODPP has developed a pattern of dismissing major corruption cases without providing adequate legal justification, effectively hampering the nation’s anti-corruption initiatives.
The controversy surrounding the Balala case highlights the growing tension between the EACC and the ODPP. Despite the EACC’s opposition to the case’s withdrawal, citing public interest concerns, a court in Malindi ultimately acquitted Balala and his co-accused.
This development comes at a time when the Kenyan government is facing mounting pressure to hold both current and former government officials accountable for alleged corruption and misuse of public funds.
Declined to Admit an Affidavit
The court’s decision effectively bars future prosecution on the same charges, deeming any such attempt an abuse of the judicial process. EACC officials revealed,
“The Anti-Corruption Magistrate declined to admit an Affidavit by the EACC Investigator opposing the withdrawal.”
This decision further exacerbated the EACC’s concerns about the handling of the case.
The roots of this case trace back to December 22, 2023, when Balala was arrested by EACC operatives and subsequently charged with multiple offenses, including
“unlawfully acquiring of public property contrary to Section 45(1)(a) as read with 48(1) of the Anti-Corruption and Economic Crimes [Act].”
The arrest followed a thorough investigation and the DPP’s initial concurrence with the EACC’s findings that sufficient evidence existed to prosecute the former Cabinet Secretary.
In a statement highlighting their disappointment, the EACC noted,
“The unfortunate withdrawal of this case by the DPP came on the day the matter was scheduled for a mention to fix a hearing date.”
This timing has raised questions about the motivations behind the case’s dismissal and fueled concerns about the effectiveness of Kenya’s anti-corruption mechanisms.