The scaling down of court operations in April due to coronavirus pandemic might have decelerated the pace of the prosecution of hundreds of suspects currently facing corruption charges.
Before the Chief Justice David Maraga and the National Council on the Administration of Justice, announced on April 1, the scaling down of court operations, a number of magistrates hearing corruption related cases had gathered speed with some about to conclude testimonies from witness and rule whether the suspects should be put on their defense.
But it is not all gloom for the Director of Public Prosecutions Noordin Haji and his team, especially after a magistrate ruled a few weeks ago, that Busia Governor had a case to answer over fraud charges.
After hearing evidence from about 20 witnesses, chief magistrate Douglas Ogoti ruled that the governor Sospeter Ojaamong and three others should be put on their defense. Other suspects are members of the county executive Mr Bernard Yaite, Mr Allan Ekweny and Mr Samuel Ombui.
In the case, Mr Ojaamong and officials are accused of engaging a company known as Madam R Enterprise to conduct a feasibility study on waste management, yet it had not been budgeted for.
Since 2014 a total of 651 corruption and economic crimes cases have been registered at the DPPs office with 260 of these cases currently ongoing. Of the cases, some 121 cases involve senior government officials.
Between 2018 and 2019 a total of 75 high profile cases were taken to court, some involving governors, cabinet secretaries, permanent secretaries and heads of parastatals.
According to the office of the DPP, some 317 pending corruption cases are worth Sh224 billion.
Among the high profile cases pending in court involves former CSs Henry Rotich (Treasury), Hassan Wario (Sports), former PS Kamau Thugge (Treasury), ex-Gender PS Lillian Omollo, Richard Lesiyampe (Agriculture), Sammy Itemere (Broadcasting) and Richard Ekai (Sports).
Dr Wario and his co-accused have been placed on the defense by Chief magistrate Elizabeth Juma.
Other high-ranking officials involve former National Land Commission chairman Muhammad Swazuri and former Kenya Railways boss Atanas Maina and those of ex-MDs Joe Sang (Kenya Pipeline Company), Dr Ben Chumo and Ken Tarus (Kenya Power).
Governors Mike Sonko and his Samburu counterpart Moses Lenolkulal are also facing graft charges. Mr Lenolkulal is facing charges together with 10 other officials in his administration and a businessman over fraudulent payment of Sh84.6 million to a company associated with the County boss.
Change of tack
Former Nairobi Governor Dr Evans Kidero is also facing charges together with former chief officers in his administration. Former Kiambu governor Ferdinand Waititu is also facing graft charges.
Former National Hospital Insurance Fund CEO Geoffrey Mwangi, his predecessor Mr Simeon Kirgotty are also in court over the alleged loss of over Sh500 million at the Fund.
Speaking to the Business Daily, DPP Mr Haji said the war on corruption has in the past two years taken a different approach, where the prosecution targets both those who bear the greatest and the least responsibility.
“Our people have for a long time been treated to a circus where those who bear the greatest responsibility rarely get touched; this has changed,” he said adding that corruption is a complex monster that has tentacles running deep.
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