What You Need to Know
Legal experts in Kenya are opposing the proposal to grant prosecutorial powers to the Ethics and Anti-Corruption Commission (EACC), citing concerns over the agency’s effectiveness and the potential for misuse of power. With corruption costing the country billions annually, they argue that the current separation of investigative and prosecutorial roles is crucial for maintaining public trust and up
Africa-Press – Kenya. Players in the legal sector want corruption cases dealt with utmost seriousness, terming it a full-blown economic crisis draining the country’s lifeblood.
The latest report by the Ethics and Anti-Corruption Commission (EACC) shows that the country is losing an upwards of Sh608 billion every year to graft, equivalent to 7.8 per cent of the country’s GDP.
While opposing the proposal to grant prosecutorial powers to the EACC, a lobby group, Sheria Mtaani, said the amount lost reflects how deeply entrenched graft has become, undermining growth, public trust, and the delivery of essential services to its citizens.
According to the lobby, EACC has performed dismally in its investigative role, and the agency lacks professional competence to prosecute.
“The current legal framework, which separates investigative and prosecutorial functions, is deliberately designed to safeguard public interest and ensure checks and balances.’’
It has threatened to move in court to block attempts by the Parliament to strip the Office of the Director of Public Prosecutions (ODPP) of its mandate, saying that investigators grossly misused prosecutorial duties pre-2010 constitution.
“Courts have already pronounced themselves. Let the EACC stick to their lane. Let them remain investigators, the way the DCI has remained as an investigator. Let the DPP handle their constitutional mandate of deciding whether to charge or not to charge.”
On Wednesday last week, the Law Society of Kenya warned that the constitutional order is under strain, citing concerns over corruption in its inaugural statement for the 2026–2028 term.
The LSK President Charles Kanjama said that the country is facing what he termed as “acute constitutional stress,” warning that public confidence in governance and justice systems is being eroded by institutional failures.
Several LSK members at the forum warned that some legislators could be pushing to give EACC prosecutorial powers for self-serving reasons, including avoiding scrutiny or clearance issues ahead of the 2027 polls.
“Weak investigations lead to weak cases. We have seen a trend where EACC arrests suspects, only for cameras. ODPP cannot be entirely blamed for incompetence by investigators,’’ Brown Kimei said.
According to the lawyers, investigators typically serve as witnesses in court, while prosecutors are responsible for presenting cases.
Combining these roles, they argue, would lead to an untenable situation where an investigator doubles as a prosecutor and a witness in the same case.
Former police spokesperson, Charles Owino, says that various arms of government exist for the purpose of check, insisting that investigators at EACC are just plain police officers with zero judicial background.
“There is nothing special about EACC. They are just police officers with a big name. They are good as investigators. If the anti-corruption agency is given a mandate to prosecute without checks, it can easily become a monster,’’ he said during a TV programme.
Even so, EACC boss Abdi Mohamud has defended the agency’s track record, saying that it will continue focusing on monitoring capital-intensive projects, addressing bribery at service points, intensifying asset recovery, strengthening regulatory partnerships, and expanding public awareness.
Last year, he said, the commission filed 79 asset recovery suits; the highest in five years, targeting assets worth Sh4.8 billion.
Assets worth Sh3.4 billion were recovered, while intelligence-led interventions helped avert losses of Sh16.5 billion.
Convictions rose from 12 to 33, and 54 cases were finalized in court.
However, rights groups have dismissed the performance as a drop in the ocean, insisting that the commission has been forced to drop at least 25 high-profile corruption cases in the past three years due to a lack of evidence.
A file seen by the Star shows that a bulk of those cases involve both sitting and former county officials, cabinet secretaries and parastatal chiefs.
Kenya is among the countries experiencing high levels of corruption with no signs of progress, a 2025 Corruption Perception Index by Transparency International shows.
The report, released in February, shows that Kenya’s score dropped to 30 out of 100, compared to 32 in 2024. Kenya was ranked at position 130 out of 181, being featured among nations where corruption remains a serious threat and with limited signs of progress.
According to findings by Transparency International, Kenya trails behind its East African peers, Rwanda and Tanzania, which ranked at 58 and 40, respectively.
Corruption has long been a significant issue in Kenya, with various reports indicating that it drains substantial resources from the economy. The EACC has faced criticism for its performance in tackling graft, with many stakeholders questioning its capacity to handle prosecutorial duties effectively. The debate over the EACC’s role reflects broader concerns about governance and institutional integrity in the country.
The push to grant EACC prosecutorial powers comes amid rising public frustration over corruption and a perceived lack of accountability among public officials. As Kenya grapples with these challenges, the discussion highlights the need for robust mechanisms to combat corruption
