World Bank wants prosecution powers for ethics office

EACC vice-chairperson Irene Keino said that the prosecution process could be faster if the institution was given prosecution powers. Photo/FILE  Nation Media Group

By GEOFFREY IRUNGU

Posted  Wednesday, October 30  2013 at  21:02

In Summary

• George Larbi, lead public sector specialist at the bank’s Nairobi office, said the investigation and prosecution arms of the State were not keeping pace with ongoing reforms in the Judiciary.
• The sentiments were shared by EACC vice-chairperson Irene Keino who said that the prosecution process could be faster if the institution was given prosecution powers.

The Ethics and Anti-Corruption Commission (EACC) should be given prosecution powers to hasten dispensation of justice, the World Bank has proposed.

George Larbi, lead public sector specialist at the bank’s Nairobi office, said the investigation and prosecution arms of the State were not keeping pace with ongoing reforms in the Judiciary.

“The EACC needs to have powers to prosecute and have effective special courts as is the case in Hong Kong,” he said during the launch of the bank’s new economic report on Kenya in Nairobi on Tuesday.

The publication highlights obstacles and solutions to economic growth.

“Investigations and prosecution are not keeping pace with reforms in the Judiciary. There are times we have magistrates and judges waiting for prosecutors to bring cases to court, but none is forthcoming,” said Mr Larbi.

His sentiments were shared by EACC vice-chairperson Irene Keino who said that the prosecution process could be faster if the institution was given prosecution powers.

“We are currently working well with the office of the Director of Public Prosecutions. We are doing better than was previously the case. But if we had prosecution powers, it would quicken the delivery of judgments,” said Ms Keino on phone.

She cited Uganda where court cases are concluded within three months of being initiated by the anti-corruption authority.

“We have seen good progress. The special courts have been set up and magistrates and judges gazetted. We are happy with this. But we could have a faster process,” said Ms Keino.

Participants at the launch noted that both the public and private sectors were underperforming mostly because of governance related issues.

“In the past five years, Kenya’s average gross domestic product growth (of 3.8 per cent) has been two-percentage points lower than the average for sub-Saharan Africa,” said Ganesh Rasagam, lead private sector development specialist at the World Bank.

Acting director-general of Vision 2030 Delivery Secretariat Gituro Wainaina said the real cause of Kenya’s lagging was public officials’ expectation of gifts.

“What summarises our problems as shown in the report is that 71 per cent of Kenyans expect to give gifts in order to secure government contracts and that 79 per cent expected to give gifts to public officials to get things done,” said Dr Wainaina.

Central Bank of Kenya governor Njuguna Ndung’u said the solution to resolving the country’s economic problems lay in strong institutions.

He cited economic reforms, stronger institutions under the Constitution, tackling corruption and making prosperity shared among all through access to markets as the four main factors in resolving challenges.