Kenya: Judiciary Says Court of Appeal Never Gave EACC Powers to Prosecute

Nairobi — The Judiciary has clarified that a recent ruling by the Court of Appeal did not grant the Ethics and Anti-Corruption Commission (EACC) powers to prosecute, as reported by a section of media.

In a statement, the Judiciary said such powers are vested with the Office of the Director of Public Prosecutions (ODPP), as enshrined in the Constitution.

The ruling was issued in an appeal case filed by James Makura M'Abira - a senior state counsel against the anti-graft body, following what he had termed as "unlawful and unprocedural charges" by the defunct Kenya-Anti Corruption Commission (KACC).

The Judiciary however, said nowhere in the judgment was the EACC 'given' such powers while noting that "no court has authority to deviate from Constitutional provisions."

The court ruled that the accused person had been rightly prosecuted in a graft case since once the ODPP withdrew the case in 2012-after the office was established- and charged him afresh.

"The matter was thus squarely settled since ODPP is the office mandated to institute prosecutions. The High Court and the Court of Appeal were therefore, in full agreement that M'Abira's matter was properly before the court," reads the statement.

M'abira was first arrested and charged with corruption in June, 2011.

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