Sheria Mtaani threatens legal action over plan to give EACC prosecutorial powers
via Tuko4 min read
Sheria Mtaani has threatened legal action to prevent the Ethics and Anti-Corruption Commission EACC from gaining prosecutorial powers, warning that such a move could destabilize Kenya’s justice system. The lobby group, through its legal team led by advocates Danstan Omari, Shadrack Wambui, and Stanley Kinyanjui, stated its readiness to file a case at the High Court for constitutional interpretation. They argue that stripping the Office of the Director of Public Prosecutions ODPP of its mandate would be unlawful and dangerous, cautioning against a risky overhaul of Kenya’s criminal justice framework. Sheria Mtaani emphasized that the Constitution deliberately separates investigative and prosecutorial functions to ensure fairness and accountability. They contend that allowing the EACC to both investigate and prosecute corruption cases would erode these safeguards, as investigators typically serve as witnesses while prosecutors present cases. Combining these roles, they argue, would create an untenable situation where an investigator acts as both prosecutor and witness, compromising trial integrity and prosecution credibility. The group also criticized what it termed undue pressure on prosecutors to make quick decisions, stressing that the ODPP must be allowed to independently review evidence without external influence. They warned that turning the ODPP into a “rubber stamp” would undermine the quality of prosecutions and potentially lead to wrongful charges or weak cases. Sheri
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Former Nairobi governor Mike Sonko has welcomed the life sentence handed to former Kenya Defence Forces KDF Major Peter Mugure for the murder of his wife and two children. Sonko stated that the outcome was long-awaited justice for the victims. Justice Martin Muya of the High Court in Nyeri sentenced Mugure on all three counts of murder, with the sentences running concurrently. The judge cited Mugure's lack of remorse and the rise in femicide and infanticide as grounds for the harsh punishment. The prosecution proved that Mugure, then a Major at the Laikipia Air Base, planned and carried out the killings in October 2019, luring his family to the military installation before killing them and disposing of their bodies. Investigators established that Mugure had scouted the disposal site and arranged for a shallow grave in advance, demonstrating premeditation. The court concluded that the prosecution presented credible evidence pointing to Mugure's guilt, leading to his conviction and life sentence.
President William Ruto announced on Tuesday, July 14, that the Nairobi Metropolitan Policing Framework will be rolled out in the coming days. This initiative aims to establish a community-driven model of law enforcement in the Nairobi Metropolitan Area. The framework will integrate residents, community leaders, the National Police Service, and the Nairobi County government to determine security priorities, enhance accountability, and develop neighborhood-specific solutions through consultation and public participation. President Ruto expressed satisfaction with the progress made in establishing the Nairobi Metropolitan Police. He met with senior officials involved in the initiative, including Cabinet Secretary for Interior Kipchumba Murkomen, Inspector-General of Police Douglas Kanja, and Nairobi County Governor Johnson Sakaja. Ruto stated that the framework will foster a more coordinated, accountable, and community-led approach to policing, aiming to strengthen public safety, deepen trust between communities and law enforcement, and create safer neighborhoods.
Must ReadThe Ethics and Anti-Corruption Commission EACC has released its weekly court schedule, detailing 25 corruption and economic crimes cases to be heard across Kenya between July 13 and July 17. These cases involve governors, former county chiefs, public officials, and private firms, with billions of shillings in alleged stolen public funds and unexplained wealth at stake. The matters, which include rulings, hearings, and mentions, will take place in anti-corruption courts in Nairobi, Nyahururu, Isiolo, Maua, Lodwar, Limuru, Thika, and Vihiga. Allegations range from bribery, money laundering, and conflict of interest to fraudulent acquisition of public property and recovery of unexplained wealth. Notable cases include a KSh 615 million recovery suit against Joseph Chege Gikonyo, a KSh 250 million suit against Dayan Construction Company Ltd and others, and a KSh 13 million recovery suit against Mary Ngechi Ngethe. Former Murang'a Governor Francis Mwangi wa Iria and eight others are scheduled to appear over a KSh 351.1 million media consultancy contract. Bomet Governor Hillary Kipng'eno Barchok and two others face charges related to KSh 2.7 million in benefits from county contracts. Kiambu Governor Paul Kimani Wamatangi is mentioned in a suit seeking the recovery of KSh 813 million. The EACC states these cases are part of its ongoing efforts to prosecute corruption and recover public assets.