May 23, 2024

Former CJ Maraga exposes new trick used by graft suspects to evade courts

3 min read
Former CJ Maraga exposes new trick used by graft suspects to evade courts

David Maraga points out that most of the graft suspects are now seeking refuge in other distant preferred court stations

David Maraga points out that most of the graft suspects are now seeking refuge in other distant preferred court stations.

Former Chief Justice David Maraga has exposed a new trend where suspects linked to various graft cases are using to beat the court system. 

Speaking on Tuesday, May 7, Maraga indicated that a new trend is on the rise where suspects abandoning the Anti-Corruption and Economic Crimes Division of the High Court in Nairobi.

Maraga pointed out that most of the suspects are now seeking refuge in other distant preferred court stations.

In those distance stations away from Nairobi, the suspects are obtaining conservatory orders in a bid to scuttle their cases.

“For example, there is an urgent need for the Judiciary and other actors in the justice chain to work out mechanisms for arresting what I am told EACC considers as an emerging culture of judicial forum shopping by corruption suspects to delay justice in the enforcement of anti-corruption laws,” Maraga stated. 

“I’m told there are examples where suspects likely to be charged with corruption offences before the Anti-Corruption Court in Nairobi have abandoned Nairobi High Court Division on Anti-Corruption and Economic Crimes and travelled far and wide to preferred High Court Stations upcountry in pursuit of conservatory orders,” Maraga added.

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The former CJ cautioned, may be construed by the public as designed to defeat justice, even where there is nothing untoward.

“To avoid such forum shopping endeavors being construed by the public as a corruption scheme for defeating the course of justice and create an impression of judicial protection of high profile corruption suspects, EACC should engage the Chief Justice for a possible review of the applicable Practice Directions towards ensuring that all Applications relating to corruption charges are henceforth filed at the High Court Division on Anti-Corruption and Economic Crimes, which was established for that purpose,” he suggested.

“Further, when determining Applications for conservatory orders to stop corruption investigations, suspension from office, arrest and prosecution of suspects, Judges should never lose sight of the urgent need for the country to effectively fight corruption which threatens the wellbeing of the nation,” he added.

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