EACC Objects to DPP’s Decision to Drop Forgery Case Against Former Public Official.

The Ethics and Anti-Corruption Commission (EACC) has challenged an application by the Office of the Director of Public Prosecutions (DPP) seeking to withdraw a graft case involving Gabriel Bukachi Chapia. The case, overseen by Chief Magistrate C.N. Ondieki, accuses Chapia of forging academic certificates to secure senior-level positions in three public institutions: ICT Manager at Moi Teaching and Referral Hospital in 2009, ICT Manager at Kenya Investment Authority in 2010, and Ward Administrator at the Nairobi City County Government in 2014.

EACC contends that Chapia earned a total of Ksh. 9.7 million from these roles, which it aims to recover in full. According to the commission, his earnings included Ksh. 182,751 from Moi Teaching and Referral Hospital, Ksh. 3.3 million from Kenya Investment Authority, and Ksh. 6.2 million from Nairobi City County Government.

The commission provided evidence suggesting Chapia’s Bachelor of Science Degree from Maseno University was fraudulent, noting that he was never enrolled there. Additionally, EACC claimed he forged a Master of Information Technology certificate from Daystar University, with the institution confirming that no such course exists.

The DPP, however, filed to withdraw the case, citing a request from the accused for a review of the decision to charge him. In response, EACC submitted an affidavit on November 4, urging the court to reject the DPP’s application, describing it as arbitrary, capricious, and against public interest.

EACC questioned the sudden shift by the DPP, noting that the office had initially reviewed the investigation file and found enough evidence to proceed with prosecution. The affidavit emphasized that withdrawing the case prematurely would undermine the seriousness of the offence and weaken the need for deterrence.

The commission stressed that the DPP’s authority should not hinder justice and must align with public interest. The case is set to continue on November 7, 2024, following the DPP’s submissions.

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