In yet another legal battle, the Ethics and Anti-Corruption Commission (EACC) on Monday filed an affidavit before the Milimani Anti-Corruption Court vehemently opposing an application by the Director of Public Prosecutions to withdraw a graft case involving multiple forgeries of academic certificates by one Gabriel Bukachi Chapia.
In the case before Milimani Anti-Corruption Chief Magistrate Ondieki, 14 out of the 15 listed witnesses have already testified with only the EACC Investigating Officer remaining.
The accused person is charged with forging both his Bachelor's and Master’s Degree certificates and using the same to secure employment at the senior level in three public institutions.
He is also charged with providing false information.
In his Application to withdraw the case, the DPP cited a request from the accused person to review the decision to charge him.
The DPP told the court that upon review of the evidence vis-a-vis the said letter, he arrived at a decision that it was not tenable to proceed with the case against Chapia without occasioning injustice.
The Office of the DPP added that further investigations while the matter is still ongoing in court would be contrary to the tenets of fair trial as provided for under the Constitution.
The DPP said to avoid a miscarriage of justice, he deemed it fit that the matter should be withdrawn from court.
“It is in the interest of justice, public interest and fair administration of justice that the charges against the Respondent/Accused (Chapia), be withdrawn under section 87 (a) of the Criminal Procedure Code,” he said.
Section 87(a) allows a public prosecutor to withdraw prosecution of any person at any time before judgment is delivered.
In its affidavit filed in Court on Monday, EACC opposed the withdrawal and urged the court to dismiss the DPP’s move terming it as “arbitrary, capricious and a complete disregard of public interest”.
EACC argued that the proposed withdrawal was in bad faith since before granting the consent to prosecute, the DPP had independently reviewed the investigation file and concurred with the former that there was sufficient and watertight evidence to prosecute the accused.
In its plea to the court to rescue the case by not allowing the DPP’s Application, EACC argued that the former’s powers should at all-time be exercised constitutionally, with due regard to the interest of the public and not to be an obstacle to justice.
In its court papers, EACC states that its investigations established that the accused person forged certificates.
EACC said it established that Chapia allegedly forged a Bachelor of Science (Computer Science) Degree certificate purported to have been issued by Maseno University on November 26, 2002.
Upon inquiry from the University, EACC however established that the certificate was forged and the accused was never a student at the University.
The Commission also found a Master’s Degree in Information Technology (IT) certificate purported to have been issued by Daystar University on November 24, 2009.
EACC said Daystar University told the Commission that the Master of Information Technology Certificate No. 030475 was not issued by them and that the university does not offer such a course.
According to the EACC affidavit, there is no lawful justification for the DPP to withdraw the case since from the time the accused took plea, no new evidence has come to him exonerating the accused person from the offences with which he is charged.
EACC further argued that using the forged academic certificates, the accused person fraudulently secured employment in the public service and earned salaries totalling Sh9,790,694 from three public institutions.
“The intended withdrawal of criminal charges against the accused persons is not made in the public interest, the interests of the administration of justice nor is it intended to prevent or avoid the abuse of legal process,” EACC said.
The matter was adjourned to Thursday, November 7, 2024, when the hearing will resume after the DPP files its submissions.
