Ethics and Anti-Corruption Commission has dismissed witch hunt allegations over misuse of a GK motor vehicle by Judicial Service commissioner Prof Tom Ojienda as baseless.
While responding to lawyer Ojienda’s application challenging his summons to be investigated by the anti-graft agency over the misuse an official vehicle allocated to him by the state said the claims that the intend investigations are a witch hunt are unfounded and speculative.
“Ojienda’s allegations as mere speculation and unfounded as they have no bearing whatsoever to the investigations against him,” says EACC.
In a replying affidavit by EACC through investigator Kennedy Olemuse Mwukenya, say he has conducted the investigations in a most objective and impartial manner and other issues alleged by the commissioner such as with hunt are mere speculation.
He opposed the granting of orders sought by the JSC commissioner issued against the commission saying it will be tantamount to fettering the independence of the commission carrying out its legislative functions.
Olemuse further says the commission received information of misuse of a government vehicle assigned to Ojienda which misuse raised allegations of unethical conduct requiring further investigations.
“The respondent (EACC) learnt that the petitioner (Ojienda) had authorized both the use and movement of the GK motor vehicle,” said Olemuse.
EACC says that Ojienda’s driver has already complied with the summons from EACC and has furnished the investigations team with his written statement.
Olemuse said the commission has powers to investigate corruption and unethical matters and does not have prosecutorial powers and it is the Director of Public Prosecution mandate who would make the decision on whether to charge Ojienda in court or not.
The commission told the court it is proper for Ojienda as a state officers given mandate to manage public resources give his statement.
“It is imperative and it shall serve the principles of a just society governed by the rule of law if the petitioner, a state officer vested with the authority of management of public resources such as the government motor vehicle in this case also furnishes his statement on the alleged misuse of the motor vehicle,” said the investigator.
The Investigator said that Ojienda was requested in the summons to provide his national identity card for the purposes of formal and legal identification which process does not interfere with any of his rights.
On December 2018 the High court temporarily restrained the anti-graft commission from arresting Ojienda over the misuse of government vehicle assigned to him pending the hearing of his application.
Justice Mwita Chacha issued the orders restraining EACC from commencing any criminal proceedings against Ojienda pending the hearing and determination of the petition.
Ojienda moved to court seeking to stay the summons by the EACC and restraining orders to the commission from commencing any criminal processes with respect to the use of the official government vehicle assigned to him.
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