The idea of the fight against graft is under scrutiny as the Ethics and Anti-Corruption Commission (EACC) and the Office of the Director of Public Prosecutions (ODPP) engage in a legal battle in the courtroom. 

The ODPP's decision to drop its graft case against three former Geothermal Development Company officers has been contested by EACC, which maintains that the prosecution did not act in the public interest or enforce the law.

The geothermal company's three senior employees are on trial for allegedly inflating the price of their services by more than 100%.

The commission claims that its investigations have demonstrated that the accused fraudulently obtained the services at a cost of Ksh. 42,747,000, according to an affidavit sworn by an EACC officer. 

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The commission argued that the cost was higher than the going rates because the same services had only cost Ksh. 19,550,000 the previous year. 

The first accused, Nicholas Karume Weke, requested an examination of the evidence in the case. The ODPP notes in its application to have the case withdrawn that after a "review of the evidence and issues raised, it came to the ODPP's attention that there was insufficient evidence to confirm that the Rig Move price was exaggerated."

The EACC and the ODPP cooperate in prosecuting the accused, and the case has been brought before the High Court. 

The Supreme Court ordered on January 27 that the case be heard on a priority basis and referred back to the trial court.


The ODPP's action "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 the legal process," according to the EACC, which opposed the application to have the case dropped.

In an application scheduled to be heard on Thursday, the ODPP filed to have the case dismissed on January 13. The hearing was postponed until next month to allow the defense and the ODPP to respond to the EACC's affidavit. 

For the second time in as many days, the ODPP and the EACC are at odds. 

The two parties were in court last Wednesday about an additional request made by the ODPP to dismiss charges against Charles Tanui, the former MD of Kenya Pipeline, and two other individuals in a Ksh. 30 million graft case.