Thursday, April 30, 2015

Tribunal to probe suspended EACC bosses sworn in





Justice (rtd) Jonathan Havelock (second left)
Justice (rtd) Jonathan Havelock (second left) with three other members of the tribunal appointed to investigate two suspended EACC bosses at the Supreme Court after they were sworn in on April 30, 2015. PHOTO | EVANS HABIL | NATION MEDIA GROUP. 
By MAZERA NDURYA
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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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