The Ethics and Anti-Corruption Commission (EACC) is poised to receive expanded powers in its fight against graft, with the introduction of the Anti-Corruption Laws (Amendment) Bill, 2025. Sponsored by Attorney General Dorcas Oduor, the bill seeks to amend the Anti-Corruption and Economic Crimes Act, empowering EACC to delve deeper into financial investigations by accessing bank accounts, mobile money accounts, and call data records.
Previously, the EACC’s investigative scope was limited to searching a suspect’s premises for physical records and property relevant to an investigation, provided they held a search warrant. However, the proposed amendments will broaden this power, allowing the commission to directly probe digital financial information, such as mobile money transactions and call logs, which could be pivotal in identifying illicit financial flows.
The bill authorizes the EACC to request critical documents, such as account opening records, transaction histories, and banker’s books, enabling a more thorough examination of suspected financial misconduct. Furthermore, the commission will have the authority to apply for a 30-day order to freeze suspicious accounts, preventing suspects from transferring or handling funds that are under investigation.
In a significant move, the bill also seeks to enforce stricter compliance by compelling witnesses to appear before the EACC or a police station to provide testimony. Failure to comply could result in a fine of up to Ksh. 300,000 or a prison term of up to three years. This provision is aimed at ensuring transparency and cooperation during investigations, strengthening the effectiveness of the commission.
Additionally, the bill will mandate the Director of Public Prosecutions (DPP) to submit quarterly reports to Parliament detailing the number of cases submitted by the EACC and their outcomes. Should the DPP decide to withdraw or fail to prosecute a case, they will be required to provide a justification, ensuring accountability in prosecutorial decisions. These reports will be made publicly available in the Gazette, offering greater insight into the progress of anti-corruption efforts.
For individuals or organizations convicted of graft-related crimes, the bill stipulates severe consequences, including imprisonment, fines, or both. Additionally, a ten-year debarment from public office or business dealings will be imposed, further deterring corruption.
Currently undergoing public participation, the bill is open for feedback until February 14, 2025. The Office of the Attorney General has encouraged Kenyans to submit their comments via email, ensuring the bill is shaped by a wide array of perspectives.
If passed, the bill promises to be a major step forward in strengthening the EACC’s ability to combat corruption, ensuring more thorough investigations and greater transparency in the pursuit of justice
