Kimilili MP Didmus Barasa has defied a summons from the Ethics and Anti-Corruption Commission (EACC), saying he will not appear at the commission’s offices on Tuesday.
Instead, Barasa plans to delegate the matter to his legal team.
The EACC had initially asked Barasa to appear at the Integrity Centre in Nairobi to address the bribery allegations. A reminder was issued on August 21 after he ignored the earlier request.
“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 Ethics and Anti-Corruption Commission’s offices at Integrity Centre, Nairobi on August 27, 2024, at 9 am,” EACC told Barasa.
The MP dismissed the summons, saying that the issue at hand was a civil matter rather than a criminal one. In his correspondence with the EACC, Barasa said “This is to bring to your attention that I will not honour the summons as this is purely an abuse of the mandate of the commission…I will instead send you a lawyer.”
Barasa explained that the summons concerned allegations of unpaid financial obligations and said the commission “cannot be reduced into a debt collection agency.”
The MP has accused the EACC of altering the nature of the case, claiming the commission redefined the issue as bribery to coerce him into making a payment.
He explained that the Sh2 million deposited into his Cooperative Bank account was a soft loan from a politician who had unsuccessfully campaigned for a gubernatorial position.
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“It is clear from the documents that were forwarded to the bank to facilitate the transfer clearly indicated [it was a] soft loan; you can peruse them. Why I haven’t paid because of the dispute in the contractual conditions is none of your business,” he stated.
Barasa noted that the Directorate of Criminal Investigations (DCI) in Karen had previously reviewed the matter and dismissed it, citing a lack of jurisdiction as it was deemed a civil issue.
Meanwhile, the EACC on Monday said it is not up to individuals under investigation to decide whether to appear or not, but to honour the summons.
“No suspect can purport to choose or pretend to have the discretion to decide whether or not to honour summonses by investigative agencies,” the EACC said.
The commission warned Barasa of dire consequences should he fail to honour the summons.
“Please note that if you do not turn up to respond to these allegations, this inquiry will proceed to its conclusion, and appropriate recommendations will be made without further reference to you.”
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