The Ethics and Anti-Corruption Commission has defended itself against accusations that it only goes for the small fish and is shaky when going for the big ones.
EACC chair Bishop David Oginde on Friday said in almost all cases, the small fish are used by the big fish to loot and thus it is necessary to cut the link.
“We do not target the small fish. We go for any incidences of corruption, whether big or small,” said Oginde.
He spoke on Friday on the sidelines of the Institute of Certified Secretaries annual conference in Mombasa.
About the small fish, Oginde said:
“I used to think likewise until now that I’m inside. I’ve realized that small fish are actually the people who are being used by the big fish. The small fish are not stealing for themselves. They are actually stealing for others.”
He revealed that in some instances, the small fish do not benefit much from the loot and instead end up being sacrificed by the big fish, who in most cases know how to cover their tracks.
“We have a case like Siaya, for example, in which we have just concluded investigations. We found a secretary who stole Sh70 million, and I say stolen in quotes, but she never benefitted from that money. It was actually passed on to the bigger guys,” noted Oginde.
He added:
“So, if you allow the small people to get away with the monies that they are stealing you are actually feeding the big guys. The small guys, a majority of them, are just being used, sadly. And so we must stop that flow.”
He said, thus, the perception that the anti-graft agency only goes for the small people creates the wrong picture.
“When we go for these people, we are actually turning off the tap that will be feeding the big guys. But we go for both the small and the big people,” Oginde, who is only three months old in the office, said.
The EACC said they are coming up with new strategies that they are putting in place to nab the corrupt officers in the country.
This is because, according to the EACC chair, rogue officers have devised ways of circumventing the processes and navigating their ways out of the radar of the anti-graft agency.
This way, it becomes very difficult to and “you will almost never catch them”, according to the EACC boss.
“We are looking at new ways of recovering resources that have been stolen. We are looking at ways of minimizing the benefit from corruption,” Oginde said.
Meanwhile, Oginde revealed that he has begun lobbying to have the commission get prosecutorial powers so as to deal quickly and effectively with corruption cases, especially the grand ones.
He said grand corruption cases tend to drag in the courts for years, sometimes taking even two decades, by which time the perpetrators have already enjoyed the benefits of their corrupt ways.
This, he revealed, is because the Office of the Director of Public Prosecutions is usually overwhelmed with cases that need to be taken to court.
“The workload is just enormous. So when we send our files, they are not the only files they are dealing with. So, they have to prioritize according to the kind of work that they have,” Oginde revealed.
The EACC chair thus said if some of the ODPP functions are delegated to the EACC, especially for corruption cases, then they will be able to prioritize and forward cases expeditiously.
He said this will not be usurping the powers of the ODPP and that the two offices will have to have a chat over the same.
“We are lobbying so that we can have these types of cases heard and determined in the shortest time possible, six months or at most one year, so that if a person is clean, let them be released to serve the nation, and if they are dirty, let them be removed from where they are,” Oginde said.
He said corruption cases have so many steps that have to be followed and people devise ways of getting in between the many steps so they can influence the process.
He said this will have to be approved by Parliament, hence the lobbying with the MPs.
Oginde said devolution was a great idea but unfortunately, corruption has also been devolved.
He said county governments are not doing well when it comes to honesty, transparency and straightforwardness.
He called on governors to take a key role in leading the fight against corruption.
Makueni County under Governor Kivutha Kibwana did well in terms of curbing corruption, he noted.
“You could see the impact of what happens when things are done right. The society and the local people enjoy that," Oginde said.
“On the other hand, we have governors and county leaders who seem like their only purpose of getting into government was to loot public resources.”
Oginde said the EACC was the first to invite Uasin Gishu Senator Jackson Mandago for questioning over the Finland scholarship scandal, way before the DCI got hold of the case.