BY SAM ALFAN.
A former Mumias Sugar Company finance director has failed in his bid to stop his prosecution over allegations of irregular importation of 10,000 MT of sugar worth Sh2.6 billion about a decade ago.
Chris Chepkoit failed to convince the High Court to quash the investigations being conducted by Ethics and Anti-Corruption Commission (EACC), which has been going since 2016.
Justice Lawrence Mugambi dismissed the application saying despite the delay, it would be speculative to stop an investigation because the anti-graft might end up clearing him.
“The procedures governing investigations are those contained in Statutes that specifically apply to and regulate criminal law. I concur with the EACC contention due to the nature of crime itself that is normally characterized by concealment, collusion and threat to peace generally, there are distinct procedural safeguards for criminal investigations as opposed to other administrative actions,” said the judge.
The judge also dismissed allegations against Director of Public Prosecution had violated Chepkoit’s rights adding that EACC has not forwarded investigations file to the DPP for action.
Chepkoit had moved to court seeking a declaration that the EACC’s unexplained delay of over six years to conclude investigations and make a definitive determination whether to charge or not to charge him, was inordinate.
He further sought a declaration that the commission had violated his rights as enshrined under Article 47(1), (2) and 50 of the Constitution and his legitimate expectation.
Chepkoit had further sought court to prohibit EACC, DPP, their officers, agents and anyone under their authority from instituting criminal proceedings under the Penal Code Cap. 63 and proceedings under Section 55 of the Anti-Corruption & Economic Crimes Act No. 3 of 2003 as against the petitioner with regard to Mumias Sugar Company Limited.
The former director further wanted to be paid compensation of Sh10 million, for the unconstitutional, unfair and callous conduct of the anti-graft body.
According to Chepkoit, the investigation commenced in 2015 but were yet to be concluded.
“This delay has not been explained or justified by the respondents. This is despite the petitioner’s numerous follow ups to ascertain the status of the investigations and whether he was going to be charged,” he told Justice Mugambi.
He said EACC despite his consistent enquiry, commission failed to respond to his correspondence. He stressed that the challenges highlighted by the EACC in their affidavit was a clear indication that the petitioner’s case would continue suffering more delay.
He argued that argued that the investigations commenced by the EACC were devoid of any factual foundation and mainly geared towards appeasing the members of the public of the government’s apparent mission to combat corruption at the time.
EACC through investigating officer Abdulhamid Low said the investigations were complex as the commission sought to get evidence from outside the country including Kenana Sugar in Sudan.
The officer told the court the investigation was also challenged by the fact that Dubai Bank Kenya Ltd, which housed the bank account that received the impugned funds on behalf of Mumias Sugar Company, was faced with financial problems and its operations suspended.
“This in essence frustrated the commission’s efforts to obtain information relating to the disputed transaction.
He added that grant of prohibition orders against the commission will hinder exercise of its constitutional mandate.
