Justice Mugambi said it would be speculative to stop an investigation because not every probe yields a charge before the court.
Former Mumias Sugar Company finance director Chris Chepkoit has lost a bid to stop the anti-corruption body from investigating him over claims of irregular importation of 10,000 tonnes of sugar during his tenure.
High Court Judge Lawrence Mugambi dismissed the petition lodged by Mr Chepkoit who accused the Ethics and Anti-Corruption Commission (EACC) of violating his rights over the delay in concluding investigations for seven years since the claims were made against him.
Justice Mugambi said it would be speculative to stop an investigation because not every probe yields a charge before the court.
He further argued that the court cannot purport to monitor the timelines of an investigation such as the one against Chepkoit, which has multi-dimensional aspects.
The court also noted that the investigation involved a serious economic crime which attracted a colossal amount of money and the facts “are complex extending to other jurisdictions.”
"Therefore, I do not find any merit in the petitioner’s claim that the investigation against him should thus be terminated on the basis of delay in concluding the same," said Justice Mugambi.
Mr Chepkoit was accused of irregular importation of the sweetener during his tenure as the finance director at the former giant miller. He moved to court stating that there was an inordinate delay by the Ethics and Anti-Corruption Commission to conclude the investigation into an economic crime.
He claimed that the investigation commenced in 2015 following the publication of his name in the infamous ‘list of shame’ that the EACC later submitted to former President Uhuru Kenyatta. Mr Chepkoit told the court that he has been writing letters seeking to know the progress of the investigations but none was forthcoming.
In a letter in 2021, he contends that it has been seven years since his name was published in the list of shame that was submitted to the President, showing the names of people that were under investigation for economic crimes.
The former director stated that he had to step aside from his job to pave the way for the investigations to be conducted.
He was subsequently terminated from his employment. He claimed he had undergone isolation from people and experienced agony which still persists as the investigations were yet to be completed.
Mr Chepkoit urged the court to declare that the unexplained delay in concluding investigations and making a definitive determination on whether to charge him or not, constitutes an inordinate delay.
The EACC opposed the case arguing that the investigations were complex with the involvement of international entities. Investigating officer Mr Abdulhamid Low disclosed that the Mumias Sugar Company case involved an irregular award of a tender for the importation of 30,000 MT of sugar to M/s Dantes Peak at Sh2.6 billion in 2013.
Investigations started on March 6, 2015, but the probe was declared a nullity by the Court of Appeal as the anti-graft body was not fully constituted when investigations were conducted. The EACC said the reasons for the delay were beyond its control.
The judge concurred with EACC's contention that due to the nature of crime itself that is normally characterised by concealment, collusion and threat to peace generally, there are distinct procedural safeguards for criminal investigations as opposed to other administrative actions.
