The war on corruption has just received a shot in the arm. This has come in the form of a ruling by the High Court, which should embolden investigators in the Ethics and Anti-Corruption Commission (EACC) to step up the fight against the scourge.
The court has made it clear that there is no law that requires the EACC to issue a notice to anyone before beginning an investigation into corruption, bribery or any other economic crime against them.
This is essential as the failure to curb corruption only enables the diversion of resources from where they are seriously needed into the pockets of a few crooked officials and their wayward associates.
By ruling that the EACC has the power to investigate suspects on corruption allegations, the court has put on notice the people involved in graft. It would be grossly unfair to reject impeccable evidence on the basis of how it was obtained—be it secret or open. Section 118 of the Criminal Procedure Code allows courts to issue search warrants but there is no obligation on the EACC or any other law enforcement agency to give a notice prior to investigations.
This decision, together with the recent swearing-in of EACC chairman David Oginde, should give a renewed impetus to the anti-graft body to get its campaign back on track. As Dr Oginde as rightly acknowledged, corruption remains a significant threat to the country. It is not just deep-rooted but also widespread.
For many years criticised for being ineffective, the agency has, in recent times, put in a good effort with an increase in high-profile prosecutions of top officials in the government accused of looting public resources.
The momentum in the fight against graft has slowed down following the dropping of some corruption charges against well-connected suspects in the Ruto administration. Apart from the withdrawal of about 10 high-profile corruption cases in the past seven months, some individuals with pending graft cases have also been appointed to top public positions, sparking uproar.
To act as a deterrent, the emboldened EACC must now secure more convictions and ensure the recovery of looted funds.
