EACC Cautions Lawyers, Accountants, and Other Professionals Against Facilitating Corruption

Corruption remains one of the most pervasive challenges in Kenya’s socio-political landscape. The complex web of corruption schemes often involves a variety of stakeholders, from high-ranking public officials to private individuals and professionals who exploit their expertise for illicit gains. In this context, the Ethics and Anti-Corruption Commission (EACC) has sounded a timely alarm, urging professionals—particularly lawyers, accountants, and other key stakeholders in the public and private sectors—to stop enabling corruption and instead utilize their skills for the public good.

Professionals at the Center of Corruption Schemes

At the heart of the EACC’s concern is the role that professionals play in facilitating corruption. During a recent speech at the Institute of Certified Public Accountants of Kenya (ICPAK) Annual Governance & Ethics Conference held in Mombasa, EACC’s Director of Ethics and Leadership, FCPA John Lolkoloi, specifically pointed out that many of the country’s most significant corruption scandals involve the direct participation of professionals. Accountants and lawyers, who play vital roles in overseeing financial transactions and providing legal counsel, have been identified as crucial actors in facilitating the misappropriation of public funds.

According to Lolkoloi, professionals are at times used as “conduits” to process fraudulent payments or provide legal cover for corrupt activities. Their involvement often makes it difficult for anti-corruption bodies to detect irregularities, as they exploit the technical nature of their professions to either hide or launder illicit gains. The warning from EACC is a reminder that these professions—once heralded for upholding the integrity of financial systems and legal frameworks—are at risk of being complicit in the very malpractices they are meant to prevent.

A Broader Scope of Professional Involvement

While lawyers and accountants were the primary focus of Lolkoloi’s remarks, the EACC also highlighted that other professions are similarly implicated in corruption schemes. Engineers, land valuers, surveyors, bankers, IT experts, and procurement professionals are among those whose expertise is exploited to facilitate various forms of fraud and embezzlement. The commission called on these professionals to embrace integrity and ethical practices, urging them to shift from enabling corrupt activities to actively contributing to the public good.

“EACC urges all professional bodies in the country to infuse integrity and accountability in their self-regulatory mechanisms to enhance corruption intolerance among Kenyan professionals,” Lolkoloi emphasized. He added that professionals must take it upon themselves to ensure that their sectors become bastions of accountability rather than vehicles for corruption.

Ethical Failures in the Accounting Profession

Accountants, in particular, were identified as being at the core of public funds management. Their role in financial oversight and control makes them central figures in the fight against corruption. The EACC’s director implored accountants to refrain from processing fraudulent payments or facilitating illegal transactions, noting that their participation in such activities directly undermines public trust in institutions and the country’s financial systems.

One of the most critical aspects of Lolkoloi’s message was his appeal to accountants to act as whistleblowers in instances where they encounter suspicious financial activities. He reminded them of their professional responsibility to report questionable transactions to the relevant authorities rather than becoming complicit in covering up corruption. In many cases, fraudulent payments are made possible only because professionals fail to challenge illegal directives or, worse, actively participate in fabricating financial records to cover up illicit activities.

The role of accountants as guardians of financial integrity cannot be overstated. They are expected to ensure that public and private funds are managed transparently and in accordance with the law. When accountants choose to look the other way or deliberately assist in corrupt schemes, the consequences for public trust and governance are devastating. For this reason, Lolkoloi’s message to accountants is clear: accountability must be at the forefront of all their professional undertakings.

The Legal Profession: Safeguarding or Subverting Justice?

Lawyers, on the other hand, play a pivotal role in providing legal counsel and defending individuals and organizations accused of corruption. While it is the duty of every lawyer to offer legal representation, the EACC cautioned that some lawyers have crossed the line from representing clients to actively enabling corruption through legal manipulation. These legal professionals may use their expertise to draft contracts that obscure fraudulent activities or to provide loopholes that allow corrupt individuals to evade justice.

Lolkoloi stressed that legal professionals should take pride in their role as defenders of justice and the rule of law. Rather than helping corrupt individuals and organizations skirt accountability, lawyers should use their skills to uphold the legal frameworks that underpin ethical governance. In the same vein, legal bodies like the Law Society of Kenya (LSK) are encouraged to enforce stricter ethical standards and disciplinary measures for members who are found to have facilitated corrupt practices.

The Prevalence of Fake Academic Certificates in Public Service

Another alarming revelation made by the EACC relates to the prevalence of fake academic and professional certificates among public servants. Lolkoloi disclosed that over 2,000 public officers are currently under investigation for possessing forged qualifications. The commission has directed all public institutions to verify the authenticity of academic and professional certificates for individuals seeking employment.

The widespread use of fake certificates represents another facet of corruption within the public sector. These falsified qualifications allow unqualified individuals to secure positions they are not entitled to, often leading to incompetence and further mismanagement of public resources. The EACC has vowed to take legal action against individuals who have earned salaries and benefits based on fake qualifications, including recovering the ill-gotten gains.

The verification of academic credentials is not just a procedural formality but a critical measure to ensure that public servants possess the necessary qualifications and skills to perform their duties effectively. The EACC’s investigation into fraudulent certificates underscores the need for accountability in public appointments and promotions.

Strengthening Self-Regulation in Professional Bodies

One of the most crucial points made by Lolkoloi during his address was the need for professional bodies in Kenya to strengthen their self-regulatory mechanisms. Organizations such as ICPAK, LSK, and the Engineers Board of Kenya (EBK) are responsible for overseeing the conduct of their members. While these bodies already have ethical codes and disciplinary frameworks in place, the EACC has called for a more aggressive approach to enforcing integrity and accountability.

By infusing anti-corruption principles into their governance structures, professional bodies can create an environment where ethical lapses are met with swift disciplinary action. Professionals who breach these standards should face not only legal consequences but also professional repercussions, including the revocation of licenses or expulsion from professional bodies.

A Call to Action: Professionals as Guardians of Public Trust

The EACC’s message is a clarion call to all professionals in Kenya: the time for turning a blind eye to corruption is over. Whether in law, accounting, engineering, or any other sector, professionals must take a stand against corruption by refusing to participate in fraudulent schemes and reporting unethical practices when they arise.

Lolkoloi’s appeal is particularly timely as Kenya grapples with endemic corruption, which threatens to undermine the country’s development efforts and the integrity of its institutions. By using their skills and knowledge to promote accountability and transparency, professionals can play a pivotal role in restoring public trust and advancing the public good.

As the EACC continues its work to combat corruption, the active participation of professionals in upholding ethical standards will be crucial. Whether through stricter self-regulation, reporting corruption, or refusing to engage in illicit activities, professionals must recognize that they are key players in the broader fight against corruption. Only by embracing this responsibility can they help create a more transparent, accountable, and just society.