Only 12 of 58 EACC Corruption Cases Cleared for Prosecution by DPP Over Three-Month Period

Nairobi, Kenya - In a stark revelation of ongoing hurdles in Kenya's fight against graft, the Ethics and Anti-Corruption Commission (EACC) forwarded 58 corruption investigations to the Director of Public Prosecutions (DPP) office between July 1 and September 30, but only 12 received the green light for courtroom battles. This dismal clearance rate, detailed in the EACC's latest quarterly report, paints a troubling picture of systemic delays and selective pursuits, especially when it comes to high-stakes cases involving top government figures and billions in public money.

The report breaks down the fate of these 58 files with unflinching clarity: 20 were bounced back to the EACC for additional digging, four were slated for outright closure, and a full 20 remain in limbo, awaiting the DPP's final word. This bottleneck has sparked widespread alarm among anti-corruption watchdogs and citizens alike, who see it as evidence of a justice system that drags its feet on the biggest fish while occasionally reeling in the smaller ones. Many of the stalled or shelved investigations spotlight massive financial scandals tied to senior officials, fueling accusations that powerful interests might be shielding the elite from accountability.

Delving deeper, the approved prosecutions - those 12 that made the cut - largely target lower-level misconduct rather than the grand schemes that drain national coffers. Junior public servants dominate this list, facing charges of forgery, bribery, and petty graft. For instance, an employee at the Nairobi City Water and Sewerage Company stands accused of faking a Kenya Certificate of Secondary Education to snag an artisan job. Similarly, a worker in the Office of the Auditor General allegedly doctored certificates to land a driving role, while another Nairobi Water staffer is under fire for using a bogus ICT diploma to secure employment. Two employees at the Kenya Medical Training College also face scrutiny for deploying counterfeit credentials to infiltrate the payroll.

Bribery allegations add another layer, with a Directorate of Criminal Investigations officer in Kilungu, Makueni County, implicated in pocketing a Sh40,000 payoff. In Kisumu, the city manager is set for trial on abuse of office and forgery counts, accused of bending rules to let a bank employee join an exclusive forum reserved for county officials.

Yet, amid this parade of minor infractions, a couple of heavier hitters did squeeze through. One involves a former Bungoma governor and top county aides, probed for siphoning off Sh70.2 million in public funds through embezzlement. Another targets the Bomet governor, alleged to have pocketed Sh2.7 million in kickbacks from six companies doing business with the county. These cases, though notable, represent a tiny sliver of the broader rot uncovered.

The 20 files kicked back for more work reveal even juicier prospects, often revolving around procurement scandals and conflicts of interest that balloon into nine-figure losses. Kiambu County features prominently, with irregularities in deals worth over Sh1.4 billion demanding fresh evidence. A former Kiambu governor is in the crosshairs for alleged meddling in tenders totaling Sh1.24 billion, alongside claims of illegally grabbing public land. At Moi University, a Sh1.1 billion library contract awarded to Dinesh Construction has raised red flags over procurement flaws. Even politics enters the fray: Rongai Member of Parliament Paul Chebor is being re-examined for supposedly forging academic papers to enroll in a Bachelor's program at Mount Kenya University.

Four cases deemed unworthy of pursuit include a Sh112 million medical insurance procurement gone awry in Laikipia County and a Sh138 million embezzlement at the West Kano Scheme via the Kenya National Trading Corporation. Critics argue these closures smack of expediency, potentially letting culprits walk free on technicalities.

The DPP's office, under fire for this pattern, maintains a firm line: no case advances unless it passes rigorous legal hurdles, designed to safeguard the courts from frivolous suits. In the same quarter, out of 44 corruption files received, just four earned prosecution nods - a ratio that amplifies fears of a protective shield around senior officials. The offences span the spectrum, from national to county levels, and include embezzlement, conflicts of interest, procurement lapses, money laundering, unexplained assets, fund misappropriation, and elaborate ruses where junior staff serve as fronts for elite theft.

This quarterly snapshot underscores a deeper malaise in Kenya's anti-graft machinery. With vast sums at stake and influential names in the mix, the low throughput from investigation to indictment perpetuates a cycle of impunity. Public outcry grows louder, demanding structural overhauls to streamline decisions, bolster evidence standards, and ensure that no one - from backroom clerks to boardroom barons - evades the long arm of the law. As the EACC presses on with its probes, the question lingers: will these revelations finally jolt the system into faster, fairer action, or merely echo as another chapter in the endless saga of unpunished corruption?