EACC And DPP Clash Again After Withdrawal of High Profile Case
The ethics and Anti-Corruption Commission (EACC) on Monday filed an affidavit before the Milimani Anti-Corruption opposing an application by the Director of Public Prosecutions to withdraw a graft case involving multiple forgeries of academic certificates by one Gabriel Bukachi Chapia.
In the case before Milimani Anti-Corruption Chief Magistrate Ondieki, 14 out of the 15 listed witnesses have already testified with only the EACC Investigating Officer remaining.
The accused person is charged with using his forged Bachelor’s and Master’s Degree certificates to secure employment at the senior level in three public institutions.
In his Application to withdraw the case, the DPP cited a request from the accused person to review the decision to charge him.
“It is in the interest of justice, public interest and fair administration of justice that the charges against the Respondent/Accused (Chapia), be withdrawn under section 87 (a) of the Criminal Procedure Code,” he said.
In its affidavit filed in Court on Monday, EACC opposed the withdrawal and urged the court to dismiss the DPP’s move terming it as “arbitrary, capricious and a complete disregard of public interest”
EACC argued that the DPP’s powers should at all-time be exercised constitutionally, with due regard to the interest of the public and not to be an obstacle to justice.
EACC said it established that Chapia allegedly forged a Bachelor of Science (Computer Science) Degree certificate purported to have been issued by Maseno University on November 26, 2002.
The Commission also found a Master’s Degree in Information Technology (IT) certificate purported to have been issued by Daystar University on November 24, 2009.
“The intended withdrawal of criminal charges against the accused persons is not made in the public interest, the interests of the administration of justice nor is it intended to prevent or avoid the abuse of legal process,” EACC said.
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