The Ethics and Anti-Corruption Commission (EACC) has responded after Kimilili Member of Parliament (MP) Didmus Barasa refused to appear for summons related to an alleged fraud case.
In a statement issued on Monday, August 26, the EACC made it clear that it has the necessary enforcement powers to ensure that uncooperative suspects appear before it.
“EACC is vested with appropriate enforcement powers and mechanisms to compel the attendance of an uncooperative suspect who is required to appear before it.”
The commission stressed that no suspect can choose whether or not to respond to summons from investigative agencies
“No suspect can purport to choose or pretend to enjoy the discretion of whether or not to honor summons by investigative agencies,” said EACC.
Barasa Vows Not to Honor the Summon By EACC
This statement from the Ethics and Anti-Corruption Commission (EACC) comes after Barasa declared on Sunday, August 25, that he would not honor the summons regarding allegations of fraud.
The EACC has summoned Barasa to respond to claims that he defrauded a businesswoman of Ksh2 million, which he allegedly solicited by promising to influence the award of government tenders.
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According to EACC, businesswoman deposited the money into Barasa’s bank account on December 13, 2023, and after the transfer, Barasa reportedly became unresponsive.
Barasa however, denied the allegations claiming the money was a soft loan from a fellow politician, asserting that the EACC was overstepping by involving itself in what he described as a civil matter.
“The KSh2 million deposited into my Cooperative Bank account was a soft loan from a politician who ran unsuccessfully for governor in December 2023. The documents supporting the transaction identified it as a loan,” he said.
“I told the EACC that I would not honor the summon because EACC cannot be used as a debt collection center. If I have not honored the financial obligation, it is because of the disagreement between me and the person,” he stated.
He has criticized the commission’s actions as an abuse of its mandate, asserting that the documentation provided supports his claim that the funds was a loan.
“I have to tell EACC that you have no role to play in assisting the said person to recover the loan advanced to me as loan. I will not honor you summon because you have no jurisdiction over the matter.”
“You have documents indicating why the loan was wired to my account. Let the person go to civil court and we will meet there,” Barasa said.
Didmus Barasa Ignores EACC Summons
This is the second time Barasa has been summoned; after he failed to appear on an earlier summon that was scheduled on August 14, 2024.
“The commission invited you for an interview and statement recording at Integrity Centre Nairobi on August 14, 2024; however, you did not attend,” said the EACC in a letter.
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“The commission accords you a second opportunity to come and respond to the allegations of bribery made against you. To this end, you are required to appear at the EACC’s offices at Integrity Centre, Nairobi on 27th August 2024 at 9:00 am,” it further reads.
The EACC’s letter, dated August 21, also warns that failure to attend the upcoming meeting on August 27 may result in the inquiry proceeding without him.
“Please note that, if you do not turn up to respond to these allegations, this inquiry will proceed to its conclusion, and appropriate recommendations made without further reference to you,” said EACC.
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