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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