Pressure on the Criminal Investigation Directorate (DCI) and Ethics and Anti-Corruption Commission (EACC) continues to mount due to the increasing number of stalled cases, a fact that threatens the war on transplants.
At the heart of this new war is the DPP’s refusal to indict people suspected more than a year since the outbreak of the scandal of swindling billions of Covid-19 funds through the Kenyan Medical Authority (Kemsa) out.
Since October last year there has been a back and forth between the EACC and the DPP over the investigation into fraud. The EACC insists that it has enough evidence to bring suspects to justice. The DPP, on the other hand, says that he cannot prosecute a file that does not have enough evidence to convict.
“As an ODPP, I will not go to court and indict individuals for violating administrative oversight. There must be evidence of money lost and evidence that it is not a mere administrative oversight, “said Mr. Haji yesterday.
” If a file to simplify the to show publicly that we have charged, I will not do it. For that I am ready to lose my job because I will not lie to the Kenyan people, “said the DPP.
EACC is under pressure to end the Kemsa scandal that is said to have cost taxpayers in the early days of the Covid-19 pandemic at least 7 billion Sh. President Uhuru Kenyatta gave the EACC and DPP 21 days in August last year to bring suspects to justice.
It has now been 14 months since the president issued the ultimatum. There is no evidence yet that the investigation is nearing completion. Instead, EACC and DPP have started a war similar to the one the Kenyans have experienced over the past two years between Mr Haji and DCI boss George Kinoti.
The relationship between Mr Kinoti and Mr Haji has broken up badly that the DCI has asked the National Council on the Administration of Justice (NCAJ) to intervene.
“The ODPP has interfered in matters that are under investigation, although the DCI’s investigation may not be must necessarily be referred to the criminal courts or even the ODPP, “wrote the DCI to the NCAJ on August 30th.
” It is worth noting that cases, which are about wealthy or wealthy people and which are about colossal sums of money, which were the hallmark of the war between the ODPP and the police, “said the DCI.
Although the DCI and the DPP on logging heads since the beginning of last few years s, things between the two did a nose dive in June after Mr. Haji ordered that his attention be drawn to any investigation into public figures or large sums of money.
“The DPP has ordered that all cases involving public figures or large sums of money where criminal prosecution are likely to have an impact on the administration of justice and the rule of law must be brought to his attention and authority sought before any decision to indict or not, ”Mr. Haji ordered his officers on June 9th.
Although this order could have been given to streamline operations, it effectively means that the DCI will not see anyone in a case without the express permission of the DPP can arrest who, as before, is met with great interest.
“The DPP has neither the standard nor the standard for qualification g or quantifying a “public figure” or “large sums of money”, the DCI reported to the NCAJ.
Among the investigations that stalled at the DCI are the 2018 corn import scandal, the 29 billion shunts of Itare Dam, the Kenya Power Tokens and the land leasing scandals of the Kenya Ports Authority (KPA) Inland Container Depot.
EACC has been a part of the past year for the better Its investigation proved to be more effective as the DPP and the DCI fell out, is now on the same side of the fence as it has to fight for its interests.
“The EACC wants to make it clear that the investigation files were forwarded to the Office of the Director of Public Prosecutions (ODPP), but have since been sent back to the EACC to address the issues raised by the DPP, “EACC said in an attempt to dispel tension.
To the investigation s that stalled at EACC include the National Hospital Insurance Fund (NHIF) fraud, the Kenya Pipeline Company $ 40 billion pipeline scandal, and the Galalan-Kulalu scandal.
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