Graft cases should be heard in 3 months, EACC nominee says

Nominee to the position of chairperson of the Ethics and Anti-Corruption Commission (EACC), David Oginde wants high profile cases to be heard and determined within three months if the country is to win the war against corruption.

The bishop emeritus of the Christ is the Answer Ministries (Citam) said Parliament should move with speed and pass the necessary legislation so that such cases do not continue to drag in court. While appearing before the Justice and Legal Affairs Committee for vetting, he insisted cases involving high and mighty should be treated like election petitions which have timelines.

Die prematurely

He said in such cases involving the high and mighty where there is enough evidence that the accused was involved in corruption, they should not be dismissed on technicalities but should be allowed to proceed to conclusion as this is why such cases die prematurely.

“When we see seriousness at the top, people from the low levels will also shun corruption as they will see we are serious. It is in this regard that I propose that we come up with legislation so that we can deal with these cases within three months,” he said.

Oginde clarified that he would only resign from his position before his term ends not because of pressure from high profile individuals but because Kenyans are not showing commitment to change their minds about corruption.

He was responding to a question from Dadaab MP Farah Maalim who sought to know whether he would bite the bullet and resign when demands come to drop a case which he is convinced is guilty.

He said: “Yes, I would be ready to resign if I find the efforts that we are making are not helping. However, I would not resign because certain powers have made a decision to deal in certain ways as this is succumbing to their pressures.”

Oginde whose net worth stands at Sh170 million—comprising rental houses, land, cash and other investments—said as long as cases drag in court for 10 or 20 years then people will still continue to believe that corruption pays.

He proposed laws should be enacted to ensure corruption is fought from a one-stop shop like in Singapore, adding that investigations should be tight before they are taken to court. “We need to put in place laws and then enforce them mercilessly so that we send a message that corruption does not pay. We need to build a system where we make Kenyans know stealing is wrong by changing the mind-set because if we do not do this, we are going to be on a wild goose chase.”

He added: “In Rwanda you cannot spot a citizen throwing sweet wrappers through vehicle windows but here even senior people in big car do it with wanton impunity. I ask myself what are these guys in Rwanda doing differently from us. This tells you we need to change our mind-set.”

Criminal acts

During the grilling session by the JLAC chaired by Tharaka MP George Murugara, Oginde was also taken to task to explain why he thinks Kenya is corrupt and whether he believes appointing bishops to such a position would have any impact now that the war on corruption has not been won.

Said Wajir East Mohammed Aden Dawood, “Please tell us why you want to soil your name in a country where you say it is largely corrupt.”

He was also asked to explain whether he still holds the view that Muslims should denounce terrorism as it is perpetuated by individuals allegedly said to be Muslims as failure to do this would lead to a religious war as he alleged in an article he wrote and was published in a local daily.

But in his response, Oginde said: “In my article, what I was saying is, whether by chance or default, the people who do these criminal acts proclaim the Muslim faith.”

On the appointment of bishops, he clarified that he applied for the said job as a Kenyan and had nothing to do with his role as a bishop. “I have come to this place not because I am a bishop but because I sent an application as a Kenyan who thinks I can make a contribution to our country.”

The former Citam presiding bishop was picked by President William Ruto last month and his name forwarded to the National Assembly for vetting.

Bishop Oginde was one of the three individuals who had been shortlisted by the Public Service Commission to succeed Anglican Archbishop (Emeritus) Eliud Wabukala. The other two were former Makueni Governor Kivutha Kibwana and Amani Komara.

Dr Wabukala had served a full six-year term at the helm of the EACC up to January 17. He had replaced Philip Kinisu who was thrown out of office in 2016 after being implicated in the Sh791 million National Youth Service scandal.

Before Kinisu, Mumo Matemu was at the helm of EACC between May 2012 and May 2015.  Lawyer PLO Lumumba was its first chair between September 2010 and August 2011 after MPs passed a motion of no confidence against him.

EACC was formed after Parliament disbanded the Kenya Anti-Corruption Commission, which existed since 1997.