Retired Chief Justice David Maraga and Ethics and Anti-Corruption Commission (EACC) CEO Twalib Mbarak have decried a growing trend of corruption suspects using court orders to evade arrests.
In his keynote address at the launch of the 3rd EACC Workshop for Media Practitioners held on May 7, Maraga said corruption suspects now strive to obtain conservatory orders in different courts across the country to stop arrests and investigations.
“I’m told there are examples where suspects likely to be charged with corruption offences before the Anti-Corruption Court in Nairobi have abandoned Nairobi High Court Division on Anti-Corruption and Economic Crimes and travelled far and wide to preferred High Court Stations upcountry in pursuit of conservatory orders,” Maraga said.
Maraga emphasized the need for appropriate mechanisms to arrest this emerging culture of judicial forum shopping by popular individuals.
The former CJ cautioned that this scheme might be aimed at defeating the course of justice and creating an impression of judicial protection of high-profile corruption suspects.
“There is an urgent need for the Judiciary and other actors in the justice chain to work out mechanisms for arresting what I am told EACC considers as an emerging culture of judicial forum shopping by corruption suspects to delay justice in the enforcement of anti-corruption laws,” he said.
Maraga’s Advice to EACC & Judiciary
He urged EACC to promptly engage the Judiciary towards ensuring that all applications arising from corruption charges are henceforth filed at the Nairobi High Court Division on Anti-Corruption and Economic Crimes.
Maraga also called for the referral of all corruption-related applications currently pending before various High Court stations across the country to the specialized High Court Division to bolster realization of the objectives for which the Division was established.
“To avoid such forum shopping endeavors being construed by the public as a corruption scheme for EACC should engage the Chief Justice for a possible review of the applicable Practice Directions towards 8 ensuring that all applications relating to corruption charges are henceforth filed at the High Court Division on Anti-Corruption and Economic Crimes, which was established for that purpose.”
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Maraga advised judges to consider the need for the country to effectively fight corruption when determining applications for conservatory orders to stop corruption investigations, suspension from office, arrest, and prosecution of suspects.
“The rights of individual suspects, should of necessity, be balanced with the overwhelming and greater public interest in expeditious conclusion of investigations, recovery of the stolen assets and arraignment of persons found culpable,” Maraga explained.
EACC CEO Twalib Mbarak, on his part, compared the emerging trend of judicial forum shopping to a situation where a student pursuing secondary education in Kilifi County registers for the final exam in Lodwar, which would raise serious questions.
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The Media
Maraga applauded the media for playing a critical role in highlighting corruption in Government.
He mentioned that the Kenyan media has remained vibrant in its watchdog role over governance affairs.
The former CJ commended journalists acting as whistleblowers in piling pressure on government officials to account for their actions and omissions; in public education; and, in investigative journalism.
“I am aware of the myriads of challenges that you face in your noble profession, including retrogressive laws, defamation suits, intimidation by state agencies and adverse business environment,” he said.
“Despite these challenges, you have largely remained steadfast and focused. I want to believe under this partnership with EACC, you will play a key role in changing the ethical narrative of our country.”
Maraga further advised Kenyan journalists to “seek truth and report it”, to “act independently” and to “minimize harm.”
These are the three principles of ethical journalism adopted by the U.S. based Society of Professional Journalists (SPJ) in 2014.
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