Why DPP Ingonga is weak link in fight against corruption

The wheels of justice, especially in the fight against corruption, could be slowed down, if not completely stalled, by the actions and inactions of the Office of the Director of Public Prosecutions (ODPP). 

From delayed prosecutions, returning files for flimsy reasons, to the unexplained withdrawal  of high-profile corruption cases, the ODPP with Renson Ingonga at the helm, is increasingly emerging as the weakest link in the country’s anti-corruption chain.

Just this week, the Ethics and Anti-Corruption Commission (EACC) announced that it had forwarded approximately 82 files to the Office of the DPP, implicating three sitting governors, one former governor, two former Cabinet Secretaries, a Principal Secretary, and CEOs and Managing Directors of various State Corporations, all awaiting a decision on whether to prosecute. 

In January this year and again in December last year, the anti-graft agency announced that it had forwarded over 100 files to the ODPP for prosecution of various individuals, including National Assembly Deputy Speaker Gladys Boss Shollei and former Elgeyo Marakwet Governor Alex Tolgos, in connection with graft allegations.

The files detail allegations ranging from abuse of office, conflict of interest, to outright embezzlement of public funds through proxy companies and shady procurement deals.

Yet, weeks, sometimes months, pass with no progress, fueling public frustration and eroding confidence in the justice system.

Over the past two years, the EACC has presented more than a dozen high-profile cases to the DPP for action. 

In its third quarterly report for 2024, covering the period between July 1 and September, the EACC forwarded several high-profile files to the ODPP on December 13, 2024.

These include the case against former Wajir Governor Mohamed Abdi Mohamud, his wife Kheira Omar Maalim, and daughter Farhiya Abdi Mohamud, accused of orchestrating a Sh902 million financial scandal through 12 companies tied to the family.

EACC investigations found that payments were made without supporting documents, pointing to a carefully coordinated scheme of abuse of office and conflict of interest.

Despite the gravity of the allegations, supported by volumes of documentary evidence and witness testimonies, the DPP has yet to make a move.

Another file with the DPP implicates National Assembly Deputy Speaker Gladys Boss Shollei, who is accused of irregular procurement during her tenure as Chief Registrar of the Judiciary. 

The case centers around the purchase of a Chief Justice's residence worth Sh310 million, which remains unoccupied to date.

The EACC wants Shollei, the former director of supply chain management, the former director of finance, and three members of the Judiciary Tender Committee prosecuted for abuse of office and failure to follow procurement procedures.

Again, since the file was forwarded in December last year, the ODPP remains noncommittal.

Former Elgeyo Marakwet Governor Alex Tolgos also features in the list of pending files.

Tolgos is accused of awarding petroleum supply tenders to Kobcom Petroleum Ltd, a company linked to him, in blatant disregard of procurement laws.

The company was paid Sh1.7 million over three financial years despite lacking the qualifications required for such contracts.

The EACC has recommended that Tolgos and other implicated officials face prosecution, but the file remains unattended at the ODPP.

Former Embakasi North Member of Parliament James Mwangi Gakuya is among high-profile individuals facing possible prosecution following investigations by the EACC.

The lawmaker is accused of gross conflict of interest and abuse of office after allegedly awarding tenders worth Sh51.3 million to companies linked to his children and close associates.

The contracts awarded for classroom construction, event hosting, and roadworks were allegedly irregular, with the MP reportedly failing to disclose his close relationships with the beneficiaries, as required under public procurement laws.

Investigators further revealed that Gakuya personally benefited from the scheme, receiving kickbacks amounting to over Sh10.4 million from the awarded companies. 

The EACC in January 2024 announced that it had recommended that he be charged with conflict of interest, unlawful acquisition of public property, and abuse of office.

Despite these findings and the file being forwarded to the ODPP months ago, there has been no indication of prosecutorial action. 

These cases expose how serious graft allegations involving elected officials often stall at the DPP’s desk, raising concerns about selective justice and political interference.

It is not just the latest cases that paint a bleak picture.

The EACC’s fourth quarterly report for its investigations between October to December 2023 laid bare the continued mismanagement of public funds across multiple counties. 

Top of the list was former Kakamega Governor Wycliffe Oparanya, accused of receiving kickbacks from six companies that were awarded 60 contracts worth over Sh2.2 billion, including AFBA Construction Company Limited, Western Cross Express limited, Sabema International Limited and Sesela Resources Limited.

On October 12, 2023, EACC recommended to the ODPP that Oparanya, his spouse, some county officials and some of the directors of the companies be charged with conspiracy to commit an offence of corruption, conflict of interest, abuse of office and money laundering.

In a rare case of progress, the ODPP concurred with EACC recommendations in December 2023, but Oparanya quickly obtained a court stay order, further illustrating the slow and often compromised path to justice.

The backlog continues to grow. According to the EACC’s Annual Report for FY 2023/2024 released in January this year, the commission completed investigations into 126 cases of corruption and economic crimes and forwarded all of them to the ODPP.

These involved billions of shillings in public funds lost through irregular procurement, money laundering, and unexplained wealth.

Yet, despite the high volume of cases submitted, many backed by extensive documentary evidence and witness testimonies, most files have gathered dust at the DPP’s office, with the ODPP’s prosecutorial output remaining disproportionately low.

In 2025 alone, DPP Ingonga has only approved the prosecution of one governor, Trans Nzoia Governor George Natembeya, over allegations that he indirectly benefited from Sh3.2 million in county payments. 

However, the case stalled for two months after he was hurriedly arraigned before the EACC had completed its investigations.

Natembeya's legal team, led by Ndegwa Njiru, has since claimed that the prosecution was politically motivated and prematurely sanctioned by the DPP.  

The Commission’s concern over prosecution is echoed in public sentiment.

The National Ethics and Corruption Survey 2024 identified corruption as the second most serious challenge facing Kenyans after unemployment.

The public’s demand for accountability is growing louder, and institutions like the EACC are attempting to meet this demand. 

In the past eight months alone, the Commission finalized 89 high-profile investigations, recommended prosecution in 82 of them, and continues to recover assets and disrupt further losses.

But the bottleneck at the ODPP renders much of this effort ineffective. 

Files are routinely returned for further investigations, sometimes for reasons the EACC describes as insubstantial. 

In other cases, high-profile files are shelved indefinitely without communication or action.

Even worse, some cases previously filed in court have been quietly withdrawn without public explanation, raising concerns about possible external interference or political pressure.

While the ODPP maintains that cases must meet a high threshold of evidence to ensure successful prosecution, anti-corruption watchdogs say this reasoning is being used as a smokescreen.

According to a senior EACC investigator who spoke on condition of anonymity, “These are airtight cases. We have followed the law, we have provided evidence. What we are facing now is a silent blockade from the DPP.”

Several insiders within the justice system point to what they describe as “institutional cowardice”, a growing reluctance within the DPP’s office to pursue high-stakes cases involving politically influential figures.

The ODPP’s track record contrasts sharply with the operational strides made by the EACC.

Between January and August 2025, the Commission on Friday said it has recovered 12 corruptly acquired properties worth Sh600 million and over Sh105 million in cash.

Proactive investigations disrupted the potential loss of Sh7.2 billion in public funds. 

Meanwhile, the ODPP has little to show in terms of successfully prosecuted corruption cases, especially against high-ranking officials.

It is no surprise then that questions are mounting about the integrity and independence of the DPP's office. 

While recent legislative reforms, including the Conflict-of-Interest Act 2025 and the Whistleblower Protection Bill, offer renewed hope, the effectiveness of these legal tools ultimately depends on the willingness of the ODPP to prosecute without fear or favour.

EACC chief executive Abdi Mohamud, speaking during a press briefing on Friday (August 22, 2025), struck a hopeful yet cautious tone.

He reiterated the Commission’s commitment to impartiality and professionalism but emphasized the need for a coordinated justice system. 

“I call upon all actors in the justice sector to work together for a more accountable and public-centric government,” he said.

Until the ODPP begins to act decisively on the mountain of corruption files before it, the country’s war against corruption will remain more rhetoric than reality. 

Investigations alone cannot deliver justice. The prosecutions must follow, and so far, the DPP’s office is failing the nation.