The tribunal appointed by President Uhuru Kenyatta to
investigate and determine the removal of two Ethics and Anti-Corruption
Commission bosses started its work Thursday after being sworn in by
Chief Justice Willy Mutunga.
The four-member tribunal,
led by retired Judge Jonathan Havelock, is starting against a backdrop
of concerns as to whether the anti-corruption agency can effectively
discharge its mandate in the absence of commissioners.
Mr
Havelock said the team was aware of the doubts lingering over the
effectiveness of the commission after President Kenyatta suspended
chairman Mumo Matemu and his deputy, Irene Keino.
The chairman promised to deliver the report and recommendations to the President within 60 days.
He said they were yet to receive crucial documents from Parliament and the EACC.
The
Commission for the Implementation of the Constitution (CIC) has warned
that the anti-corruption body, as currently constituted, cannot carry
out certain functions.
But Attorney-General Githu
Muigai allayed those fears, arguing that the EACC was fully operational
as the secretariat was in charge of the day-to-day operations that
include investigations and submitting files to the DPP for prosecution.
“(The)
EACC is a body corporate. It is not made up of one commissioner or two
but of several individuals. There are in excess of 50 lawyers who are
involved in the operations at the EACC.
“There is a CEO
and the commission is in office and functional. It is delivering files
to the DPP. When the tribunal has made its determination then a decision
can be made by the appointing authority at that point. Right now the
commission is in full flight doing what it should,” he said.
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