NAIROBI, Kenya – The Ethics and Anti-Corruption Commission (EACC) has moved to block the Director of Public Prosecutions (DPP) from dropping a corruption case against Gabriel Bukachi Chapia, who is accused of forging academic certificates to secure high-level government jobs.
The EACC, in an affidavit filed on Monday at the Milimani Anti-Corruption Court, argued that the DPP’s withdrawal bid disregards public interest and could subvert justice.
Chapia faces charges of falsifying both Bachelor’s and Master’s degrees to gain employment in three public institutions.
Fourteen of the 15 witnesses listed in the case have already testified, leaving only the EACC’s investigating officer to complete the prosecution’s case.
Chief Magistrate Ondieki of the Milimani Anti-Corruption Court is presiding over the case.
The DPP argued that after reviewing evidence and a request from the accused to re-evaluate the decision to prosecute, continuing the case might lead to a miscarriage of justice.
The DPP’s office claimed that pursuing further investigations while the matter remains in court would contravene constitutional protections of fair trial, asserting that withdrawing the case would serve justice better.
The DPP invoked Section 87(a) of the Criminal Procedure Code, allowing prosecutors to halt proceedings before a final judgment, to support its application for dismissal.
The EACC, however, contended that the proposed withdrawal is unfounded, accusing the DPP of acting “arbitrarily” and ignoring the public’s stake in justice. EACC emphasized that prior to the trial, the DPP had reviewed the case independently and determined that the evidence justified prosecution.
EACC’s affidavit highlighted that their investigation concluded Chapia’s certificates were forged, including a Bachelor’s Degree in Computer Science supposedly issued by Maseno University and a Master’s in Information Technology purportedly from Daystar University.
Both universities have denied issuing the certificates in question.
The affidavit further reveals that Chapia allegedly used the forged qualifications to secure public sector roles, earning over KSh 9.7 million cumulatively in salary from the positions he held.
“This withdrawal is neither in the public interest nor in the interest of justice,” EACC argued in court, urging the court to prevent the DPP’s application from succeeding.
The court has scheduled the next hearing for November 7, 2024, when the DPP is expected to present its submissions.
The EACC, in an affidavit filed on Monday at the Milimani Anti-Corruption Court, argued that the DPP’s withdrawal bid disregards public interest and could subvert justice.
Chapia faces charges of falsifying both Bachelor’s and Master’s degrees to gain employment in three public institutions.
Fourteen of the 15 witnesses listed in the case have already testified, leaving only the EACC’s investigating officer to complete the prosecution’s case.
Chief Magistrate Ondieki of the Milimani Anti-Corruption Court is presiding over the case.
The DPP argued that after reviewing evidence and a request from the accused to re-evaluate the decision to prosecute, continuing the case might lead to a miscarriage of justice.
The DPP’s office claimed that pursuing further investigations while the matter remains in court would contravene constitutional protections of fair trial, asserting that withdrawing the case would serve justice better.
The DPP invoked Section 87(a) of the Criminal Procedure Code, allowing prosecutors to halt proceedings before a final judgment, to support its application for dismissal.
The EACC, however, contended that the proposed withdrawal is unfounded, accusing the DPP of acting “arbitrarily” and ignoring the public’s stake in justice. EACC emphasized that prior to the trial, the DPP had reviewed the case independently and determined that the evidence justified prosecution.
EACC’s affidavit highlighted that their investigation concluded Chapia’s certificates were forged, including a Bachelor’s Degree in Computer Science supposedly issued by Maseno University and a Master’s in Information Technology purportedly from Daystar University.
Both universities have denied issuing the certificates in question.
The affidavit further reveals that Chapia allegedly used the forged qualifications to secure public sector roles, earning over KSh 9.7 million cumulatively in salary from the positions he held.
“This withdrawal is neither in the public interest nor in the interest of justice,” EACC argued in court, urging the court to prevent the DPP’s application from succeeding.
The court has scheduled the next hearing for November 7, 2024, when the DPP is expected to present its submissions.
