EACC CEO Halakhe Waqo (left), Chief Justice David Maraga (second left), EACC Deputy CEO Michael Mubea (front, second right), EACC Chairperson Eliud Wabukala (back, second right) after the opening of a five-day corruption workshop at the Fairmont Mount Kenya Safari Club, Nanyuki on May 8, 2018. PHOTO | JOSEPH KANYI | NATION MEDIA GROUP
The Judiciary is in the process of setting up an investigation department to deal with graft cases among its staff.
Chief Justice (CJ) David Maraga said they are in talks with the National Police Service to establish an investigative arm to help the Office of the Ombudsman deal with corruption in the courts.
CJ Maraga was speaking at Fairmont Mount Kenya Safari Club, Nanyuki during a workshop on corruption that was attended by representatives from the Judiciary, Ethics and Anti-Corruption Commission (EACC) and Central Bank of Kenya among others.
Justice Maraga said that the Judicial Service Commission has fired a number of magistrates and junior staff over integrity issues following investigations by the Ombudsman.
“Corruption is there in every sector of our society. In the Judiciary, which I head, reports of corruption remain high despite concerted efforts to address the vice in the institution. This, even after the vetting process which saw 11 judges and 14 magistrates being found unsuitable to continue serving,” CJ Maraga said.
He said a 2014 EACC report recommended effective enforcement of anti-corruption and ethics laws and inter-agency collaboration to address graft menace in the Judiciary.
CJ Maraga said the report titled, Corruption and Ethics in the Judicial Sector, cited disappearance of court files, delay in judgments and rulings, varying of court decisions, low levels of transparency, bribery, laxity and favouritism as major public concerns and challenges facing Judiciary.
GRAFT COURTS
Justice Maraga said several anti-corruption courts manned by 92 highly-trained and experienced senior magistrates have been established across the country to expedite hearing and determination of corruption cases.
“In the 2016/ 2017 financial year, 25 corruption and economic crimes cases were finalised by our courts and the EACC secured 18 convictions. Since then, notable speedy disposal of cases has been registered,” he said.
Justice Maraga said there are capacity gaps in the prosecution and determination of corruption and economic crimes, especially in handling of electronic evidence which require prosecutors, magistrates and judges to undergo continuous specialised trainings.
“This is ever more urgent because of the growing complexity in the nature and forms of corruption in areas such as procurement, public finance management, money laundering, and asset recovery among others,” said Justice Maraga.
THREAT
He added: “There are also new developments in the law and special techniques applied in investigations such as use of electronic devices, surveillance and undercover operations in gathering evidence, which the courts need to embrace in considering admissibility of evidence.
The CJ called for concerted efforts from various state agencies in the war against corruption in public and private sectors, saying the vice poses serious threats to the social and economic well-being of ordinary citizens.
“Let us always never lose sight of the fact that stealing of public resources meant for children’s education is tantamount to stealing our children’s future. Every time a mother dies at childbirth due to lack of a health facility, we must relate this to the stealing of funds meant to provide basic health services. Even road accidents that continue to claim our people can be attributed to bribery on Kenyan roads and neglect of our road infrastructure, which possibly includes stealing of funds meant to maintain our roads,” he said.
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