Is KACC past its sell-by date? PDF Print E-mail
Written by Open Thread   
Saturday, 22 September 2007

Parliament voted this week to deny the KACC's quest for extra powers, limiting its authority to take on corruption cases that precede the 2003 Anti-Corruption and Economic Crimes Act.

The decision by Parliament, mostly supported by members of the ODM party, has met with attacks from various sections of the Kenyan media and civil society. Most vociferous though were protestations by the Anti-Corruption Commission's head, Justice Aaron Ring'era.

The dragon breathes back?

Accusing, Parliament of giving 'succour and comfort' to the corrupt, Ringera seemed livid at what he saw as attempts by MPs to stand in the way of his commission's efforts to bring suspected criminals to book. Parliament on the other hand, speaking through MPs Paul Muite, Kenneth Marende and Njoki Ndung'u have answered back claiming to have considered the requests carefully, and to have found them too far-reaching and even unconstitutional. The proposed amendments Parliament found would bring the KACC into conflict with the established powers of the Attorney General and the Kenya Police. The MPs also alleged that the amendments would contradict provisions of the Penal Code and the Constitution, especially as Section 77(4) of the Act explicitly disallows prosecution for offences that had not been declared illegal in law at the time of their alleged commission.

The KACC boss, has come out guns blazing accusing the MPs of usurping the role of constitutional interpretation, a role he insists belongs only to the Judiciary. MPs say there was no way their efforts were aimed only at bringing the KACC into line with the act that brought it into being, insisting that the commission was created for the expedition of cases and not to replace already extant constitutional offices. The MPs who voted against the amplification of the KACC's powers also pointed out the oft heard complaint, that the Justice and his commission are big on words and show very little for their powerful profile or high salaries.

COming so close after the leak of the Kroll Report and just prior to the beginning of the campaign season, the questions abound. Is this a cynical attempt to stand in the way of the Executive in an election year? Is it an example of MPs oppossing everything from the government for the sake of embarassing it? Or is the KACC and its boss truly a waste of taxpayers resources, undeserving of our sympathies and support? Should Ring'eera stand down?


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Ringera has to Quit
written by chibole Simon & John Odhiambo , September 22, 2007
Ringera should have some courtesy and resign instead.he has betrayed kenyans and decided to defend corruption by protecting people like Mwiraria,kiraitu and saitoti
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Ringera Lacks Capacity to Figh
written by Juma , September 25, 2007
My objective take on the whole scenario is as follows:

It is truly unconstitutional for the Act to be applied retrospectively.

ODM having realised this and sensing danger about some members of the Pentagon being victimised by the government during the campaigns ganged up to pass the ammendments and reject the KACC sponsored ammendments.

Some corrupt fellows having realised this, cashed in on the scenario to ensure it worked out as a temporary measure for them pending outcome of elections.

I think that the whole anti graft war starts and stops with the President. We may not even need KACC if we get a serious president/prime minister to fight graft.

This is because the appointment of the KACC Director has to be sanctioned by the Head of state through the ruling party which shall at any one time should be having majority in Parliament.

Even that is the case, then even the AGs office is enough to fight graft.

The buck stops with the President!!!

For now i think KACC should be disbanded.

If need be get a new team.
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written by aeichener , September 26, 2007
Whether Ringera resigns or not, makes little difference. Kenyans must learn to think in institutions, not persons.

As an institution, KACC has worked very hard and diligently, has had the best and most open press and information policy of all government entities, but has not been very successful. The reasons for the bemoaned lack of spectacular success are not vested in Ringera. They were well-known and have oft been published. They are institutional and legal.

Alexander
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written by aeichener , September 26, 2007
It is truly unconstitutional for the Act to be applied retrospectively.

Silly. There is no retrospective application as to the definition of punishable behaviour (corruption was illegal before), and the Constitutional Court has examined exactly this question and has found the act to be constitutional.
We may not even need KACC if we get a serious president/prime minister to fight graft.

Yes, yes. You are a poor slave and need a forceful liidaah to lead you through life. Sure. Talk about it with a therapist.
Even that is the case, then even the AGs office is enough to fight graft.

In a civilized country with an AG worthy of her name, maybe. But even there, special prosecutors are needed.

Alexander
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KACC way past its sell by date
written by A.Njenga , September 28, 2007
Me thinks that Kibaki knew that wouldnt go after looters after winning the election or never for that matter. Since one of the reason why people voted for narc was because of their perceived stand on corruption, Kibaki felt he had to do something. To hoodwink people into thinking he was going to get to the bottom of corruption, in came Ringera and his team comprising of overpaid to do nothing individuals who have not prosecuted and probably wont ever prosecute anyone. They should all go home and enjoy the millions they have accumulated over the years in salaries and hefty packages.
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written by Timothy Wainaina , September 28, 2007
What a shameful retard this Ringeera truly is. He has never impressed me with his 'taking corruption by the horns' game. I had him sussed out from the moment I heard he was buddies and partners with Kiraitu and the hairy man from the Goldenberg trial, Gibson K Kuria I think they called him.

Is it possible for anyone to be as useless as Ringeera? I am still only young, but I have never seen a civil servant less worthy of his paycheck.
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written by aeichener , September 29, 2007
I am still only young, but I have never seen a civil servant less worthy of his paycheck.


Please have a look at NTZDC.

Alexander
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Last Updated ( Saturday, 22 September 2007 )
 
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