File watertight charges to boost corruption war
The war on corruption should be thorough and meticulous to get the desired results. However, the anti-corruption agencies sometimes rush to arrest and arraign high-profile suspects before collecting and building up sufficient evidence.
Of course, the objective is to show the public that the agency is serious about fighting the menace. However, filing half-baked evidence that cannot sustain a successful prosecution is a huge setback.
The courts will not hesitate to drop unsustainable charges against the high-ranking suspects and this opens the accusers and the government to possible litigation.
The latest embarrassing misstep is the withdrawal by the Director of Public Prosecutions (DPP) of Sh8.5 billion graft charges against former Tourism Cabinet Secretary Najib Balala and 16 other suspects. It has sparked a fight between the office of the Director of Public Prosecutions and the Ethics and Anti-Corruption Commission (EACC).
Malindi Chief Magistrate James Mwaniki allowed the dropping of the charges despite opposition from the EACC, which was convinced it had presented sufficient evidence to sustain the charges. Interestingly, DPP Renson Ingonga had given consent for the suspects to be arraigned on December 19, last year. The EACC was, therefore, stunned about the withdrawal of the case for more investigations.
The public prosecutor should not be too quick to make arrests and bask in glory and later develop cold feet. It is unfair to those accused as aspersions are cast on their integrity, and they themselves are subjected to immense agony and frustration.
The administration of justice must be solid to prevent abuse of the court process. It is, of course, not good for the DPP to rush to arraign suspects and later withdraw charges. This setback for the EAC should not dampen its spirits. It only underscores the importance of criminal justice agencies doing their work well as a safeguard against malicious or wrongful prosecution.
Going forward, it is up to the DPP and the EACC to work closely together to be able to bring water-tight cases against suspects. The war against corruption will only be won if convictions are secured to serve as a deterrent.
