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EACC clashes with LSK President over withdrawal of cases

EACC challenged Odhiambo to mention any civil matter the Commission had withdrawn from court.

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by LINDWE DANFLOW

News29 March 2024 - 06:34
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In Summary


  • Odhiambo accused the EACC of failing on its mandate to tame graft in the country.
  • "Instead of unleashing attacks on governance institutions such as EACC, Ms Odhiambo should consider engaging such institutions to understand their challenges to lead LSK in supporting appropriate legal reforms in strengthening the anti-corruption war," EACC Spokesman Eric Ngumbi said.
EACC offices at Integrity Centre.

The Ethics and Anti-Corruption Commission has censured Law Society of Kenya President Faith Odhiambo for linking it to the recent wave of withdrawal of court cases. 

In an interview with Citizen TV on Thursday morning, Odhiambo accused the EACC of failing on its mandate to tame graft in the country.

Odhiambo was responding to a plan by EACC to run a 100-day integrity campaign aimed at bolstering the quest for culture change among Kenyans.

"One institution that has highly failed Kenyans is the EACC. As much as you are saying you are going to run a campaign to end corruption to what end?" she posed

"If we are seeing an assets recovery body known to be one people feared withdrawing cases left right and centre, it takes judges like Prof Sifuna to stop them on their tracks, then you start telling you are going to run a campaign to stop corruption, it is highly hypocritical."

Odhiambo went on to ask the EACC to "start from within and clean up their systems and themselves before saying they are going to start a campaign to clean up the rest of the public".

These remarks saw the EACC fire back at Odhiambo saying it has no powers to withdraw any graft cases.

"Does EACC have the power to withdraw corruption cases of a criminal nature?"  the Commission posed in a statement on its X platform.

"For civil matters that the Commission takes to court directly, can she state any single case that the Commission has ever withdrawn from court?"

The Commission went on to state that court records will bear them out on its stand on the withdrawal of cases.

"Contrary to her false assertion linking EACC to the withdrawal of cases, the Commission is in court opposing withdrawals that it considers inimical to the public interest, and will continue to do so," EACC said. 

"The Panellist, an Advocate of the High Court, should have done some basic research to familiarize herself with which agency or agencies have withdrawn graft cases."

Speaking on the campaign to end graft, EACC Spokesperson Eric Ngumbi said it is their mandate as a commission to come up with strategies to prevent corruption.

He described remarks by Odhiambo on the campaign as unwarranted adding that the LSK is a key stakeholder in the advancement of the rule of law and good governance in Kenya.

"Instead of unleashing attacks on governance institutions such as EACC, Ms Odhiambo should consider engaging such institutions to understand their challenges to lead LSK in supporting appropriate legal reforms in strengthening the anti-corruption war," Ngumbi said.

"For instance, the Commission expects LSK to join it in opposing the retrogressive Bill that seeks to mutilate the Anti-Corruption and Economic Crimes Act, 2003 by repealing two key offences under section 45(2)(b) &(c)."

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