Senators say DPP weakest link in Kenya’s war against Corruption
Senators described the office as the weakest link in Kenya’s anti-corruption fight, pointing to instances where the DPP’s decisions to withdraw cases have frustrated investigations and denied the public the full course of justice.
Senators want the Director of Public Prosecutions (DPP) stripped of absolute powers over criminal cases, citing repeated withdrawals of corruption cases as a major hurdle in the fight against graft.
They proposed amending Article 157 of the Constitution to limit the DPP’s authority and grant the Ethics and Anti-Corruption Commission (EACC) prosecutorial powers, saying the current system leaves investigations vulnerable and justice delayed.
Article 157 grants the DPP authority to institute and carry out criminal proceedings, direct investigations, and discontinue cases at any stage before judgment.
Senators described the office as the weakest link in Kenya’s anti-corruption fight, pointing to instances where the DPP’s decisions to withdraw cases have frustrated investigations and denied the public the full course of justice.
Appearing before the Senate Public Accounts Committee, EACC Chief Executive Officer Abdi Mohamud said the DPP often withdraws cases without consulting the commission.
He revealed that between 2016 and 2025, the DPP had withdrawn 18 cases concerning counties, with 14 withdrawals occurring between 2023 and 2025.
In the report submitted to the Committee, the EACC had withdrawn 18 criminal cases, out of which 17 were maters withdrawn from court by the DPP.
In only one case that consent was issued and subsequently withdrawn by the DPP.
Isiolo County has the highest number of withdrawn cases at 3, while Makueni, Tharaka Nithi, Garissa, Turkana, Nakuru, Nyeri, Embu, Kericho, Nyamira, Kitui, Taita Taveta, Kwale, Meru and Kakamega had one case each.
“When we forward the files to the DPP, there is sufficient evidence to sustain a case and the DPP concurs. But as the case continues, he has the power to proceed with it or not. If the prosecutor does not prosecute, what can the court do?” asked Mohamud.
He cited a 2021 case involving Tharaka-Nithi Governor Muthomi Njuki, accused of awarding a Sh45 million tender for an incinerator valued at Sh28 million. The case dragged on for three years before being withdrawn by the DPP, preventing EACC from presenting its evidence and witnesses in court.
Mohamud added: “Our hands are tied because the ODPP [Office of DPP] has the power to do whatever it wants with a case. Basically, there is nothing we can do even though we always oppose the withdrawals, with former Migori Governor Okoth Obado’s case being an example.” He noted that civil recovery of embezzled public funds does not replace criminal proceedings.
EACC Chairperson David Oginde said Kenya’s prosecution framework limits what the commission can achieve. “Parliament needs to rectify this situation for the war against graft to bear fruit. It will be good if we can take the cases to court and prosecute them because the passion to see a case succeed is with the investigator,” he said.
Oginde suggested Kenya should remove the separation between investigation and prosecution, as seen in countries like Zambia, allowing the EACC to both investigate and prosecute cases. “The power to prosecute 100 percent lies with the ODPP and if they choose to withdraw a case, there is nothing we can do but just pray to the court and the heavens,” he added.
Several senators supported the EACC’s position. Kitui Senator Enock Wambua said the commission appears to be at the mercy of both accused persons and the DPP. Nyamira Senator Okong’o Omogeni questioned why cases are withdrawn even after the DPP concurs there is enough evidence for prosecution.
“How can we succeed in the war against graft if cases are withdrawn so casually? If we need to amend the Constitution for the EACC to carry out prosecution, so be it,” he said.
Nandi Senator Samson Cherargei said: “Tell us if the ODPP is the weakest link in this fight against corruption because if you are not being consulted before the withdrawals then there is a big problem that we must fix.” Isiolo Senator Fatuma Dullo argued that the Constitution has rendered the EACC toothless, and that either the EACC or DPP should be dissolved with one body given full investigative and prosecutorial powers.
