An Anti-Corruption Court sitting in Nairobi recently convicted immediate former Member of Parliament for Bonchari, Mr. Robert Oimeke for receiving a bribe of Sh200, 000 when he served as director of Energy and Petroleum Regulatory Authority (EPRA).
The former director of EPRA had faced two counts of requesting for a bribe of Sh500, 000 and receiving a bribe of Sh200, 000. It was alleged that he leveraged his position as EPRA boss to frustrate reopening of a petrol station in Nyanza whose license had been reinstated after fulfilling the requisite requirements.
The Court, however, acquitted him on the first count on account of flaws in the prosecution case which, according to the Senior Principal Magistrate, Peter Ooko, failed to corroborate evidence. Mr Ouko nonetheless found the second count in the affirmative and fined the former legislator Sh1 million or three years in jail in the alternative.
Sitting in the Court and listening through the long and winding judgment, it was obvious that the Magistrate split hairs on the technicalities on which he acquitted the accused on the first count. In fact, he fell short of dismissing the whole charge sheet. The Sh1 million fine appeared a slap on the wrist in the face of the stature of the accused, the charges and allegations he faced and the position he held at the material time.
Mr. Oimeke held a position of trust in society that affected many sectors of the economy. His conduct eroded the trust in public institutions which are mandated to act in the best interest of the people. It created a barrier to economic development and, at the same time, propagated inequality and injustice.
Yet, to the chagrin of the EACC and ODPP, the institutions in the chain of criminal justice system responsible for bringing such malpractices in public service to book, he walked away with a Sh1 million fine, which he could afford at the tap of a key on his Smartphone.
Such are the frustrations that investigators and prosecuting counsels at the two institutions go through in the course of their duties. But, at least with a conviction to his name, he was locked out of public office for 10 years from the date of his conviction.
Now, it is bound to get worse if our legislators in the National Assembly will be allowed to have both their say and way in their maneuvers to amend a fundamental Section in a key legislation in the fight against Corruption. There is already a Bill in the National Assembly to amend the Anti-Corruption and Economic Crimes Act (ACECA), 2003 by deleting Sec. 64, which disqualifies persons convicted of corruption and economic crimes from appointment and election to public office.
By the stroke of that amendment, should it be allowed to take effect, the strides, the milestones, the gains made in the anti-corruption war since the promulgation of the Constitution of Kenya 2010 will all go up in smoke. Our legislators have always covered their backs, on this one however, they should not be given the leeway.
Choices must have consequences and a conviction in corruption and economic crimes must count for something. Should a public officer make a choice to partake in corruption, he or she should be prepared to deal with the consequences including not being allowed, on conviction, in public office either by appointment or election for 10 years. It is, together with forfeiture of ill-gotten assets, the most effective deterrent tool in the anti-corruption war. (
Email your news TIPS to Editor@nairobilawmonthly.com, and to advertise with us, call +254715061658 anytime of the day
