Shouting match as EACC tussles with MP over summons

What appeared to be a normal summons to Kimilili Member of Parliament Didmus Baraza to appear before the Ethics and Anti-Corruption Commission (EACC) has now become a shouting match.

The MP dismissed the commission claiming his issue was only a debt that the EACC had no jurisdiction over.

EACC yesterday said it is not upon individuals who are under investigations to decide whether to appear or not but to honour the summon.

“EACC is vested with appropriate enforcement powers and mechanisms to complete the attendance of an uncooperative suspect who is required to appear before it. No suspect can purport to choose or pretend to enjoy the discretion of whether or not to honour summonses by investigative agencies,” read the commission’s response in part.

EACC had invited the lawmaker for interview  so he could shed light on bribery allegations levelled against him by a businesswoman who claims to have greased his palms to assist secure government tenders.

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It was for this reason that the commission wrote to the legislator on August 21, EACC asking him to appear at the Integrity Centre today.

The complainant, EACC said, had reported the matter on June 4, and investigations were launched.

About two months later, the anti-graft body said it concluded its investigations and summoned Barasa for interview and recording of a statement on August, 14, summonses the MP ignored.

“The commission invited you for an interview and statement recording at the Integrity Centre on August 14. However, you did not turn up,” the commission’s statement signed by John Lolkoloi, Director of Ethics and leadership, read.

“Please note that, if you don’t turn up to respond to these allegations, this inquiry will proceed to its conclusion and appropriate recommendation made without further reference to you,”

In response to EACC, in a letter dated August 22, Barasa acknowledged he had received the summonses but had replied to the commission’s officer his intention not to honour the invitation saying EACC cannot be reduced to a debt collection agency.

“The commission has since changed reasons for earlier summons and paraphrased the second summons to facilitate an investigation of bribery claims to coerce me to pay,” Barasa said.

The MP said in part that the Sh2 million deposited to his account was a soft loan from the said politician who had unsuccessfully vied for governorship. “It is clear from the documents forwarded to the bank to facilitate transfer clearly indicated soft loan,” he said.

Barasa argued the matter was reported to the DCI and was dismissed due to lack of jurisdiction citing that it was a civil matter thus he will not hunour the summons.

In the case, it is alleged that the MP received Sh2 million from the businesswoman with a promise to influence the award of government tenders to her.

But after receiving the money, the MP allegedly cut off communication with his victim and has allegedly been evading her since December 2023.

In its preliminary probe, EACC says the lawmaker met the businesswoman in a Nairobi hotel where he informed her that he was the chairperson for the Parliamentary Roads Committee and also in charge of roads in his Kimilili Constituency.

For this reason, he purported to enjoy immense influence in the road sector through which he could assist her get many multi-million road tenders if she accepted to partner with him, by way of giving him money. 

He is said to have informed the complainant that he had been allocated several roads in his constituency and wanted her to partner with him in the construction of some roads.

Afterwards, it is alleged that the businesswoman was given an account number where she reportedly deposited the money, but the accused allegedly became elusive afterwards and stopped picking calls from the complainant.

“Subsequently, the complainant visited KeRRA headquarters at Barabara Plaza, and she was informed that none of the road construction tenders promised by Baraza existed and was never advertised at all,” EACC report states.

“The complainant reported the matter to the commission on June 4, 2024 and investigations launched, with the Kimilili MP as principal suspect,” the report adds.