Quote from Lawyer on August 22, 2025, 3:24 pm

The Ethics and Anti-Corruption Commission (EACC) has escalated its fight against corruption by forwarding 89 high-profile graft cases to the Office of the Director of Public Prosecutions (ODPP) for action. These cases, involving senior government officials, including five sitting governors and 11 former governors, highlight pervasive issues of embezzlement, conflict of interest, money laundering, and unexplained wealth across Kenya's public sector. The EACC's investigations, conducted over the past eight months, underscore the agency's commitment to rooting out corruption and restoring accountability in governance.

The EACC's latest efforts target a range of corrupt practices undermining public trust and development. Among the allegations are significant financial misconduct, including the misappropriation of public funds and the use of junior staff as conduits to funnel stolen money into personal accounts, particularly in marginalized regions. The commission has uncovered schemes where senior officials establish companies to secure inflated county tenders, diverting funds meant for development into private investments such as real estate and businesses in Nairobi.

In one notable case, the EACC has recommended charges against former Kakamega Governor Wycliffe Oparanya for allegedly awarding tenders to companies linked to him during his decade-long tenure. Investigations revealed that Oparanya irregularly received over Ksh 56 million from the county government, leading to recommendations for 11 charges, including abuse of office and money laundering. However, Oparanya has secured a court injunction preventing his arrest and prosecution, highlighting challenges in the judicial process.

Another case involves Taita Taveta County officials, including an accounting officer and the Deputy Speaker of the County Assembly, accused of misappropriating Ksh 7 million. The funds were allegedly used for a trip to Zanzibar in November 2022 without adhering to proper financial guidelines, prompting charges of financial misconduct.

Despite the EACC's robust investigations, the path to justice remains fraught with obstacles. Of the 89 cases submitted to the ODPP, only seven have been approved for prosecution, with the majority stalled due to delays or returned for further investigation. The EACC has expressed frustration over the slow pace of action by the ODPP, led by Director Renson Igonga, noting that eight cases were sent back for additional inquiries, two were recommended for closure, and 28 remain pending. This bottleneck has raised concerns about systemic delays in delivering justice for high-profile corruption cases.

Political interference further complicates the EACC's efforts. The commission has reported instances where suspects leverage their influence to obstruct investigations, including mobilizing supporters to disrupt EACC operations or denying access to critical documents. EACC Chairperson Dr. David Oginde emphasized that such tactics undermine anti-corruption efforts, particularly when suspects remain in positions of power, allowing them to intimidate witnesses or tamper with evidence.

Beyond prosecutions, the EACC is implementing a multi-faceted strategy to curb graft. The commission has intensified asset tracing, recovering Ksh 2.9 billion in corruptly acquired assets in the 2023-2024 financial year and filing civil suits to recover an additional Ksh 9.2 billion. Through proactive investigations, the EACC disrupted corruption networks, preventing the loss of an estimated Ksh 2.9 billion in public funds. The agency is also pursuing over 400 cases for asset forfeiture, collectively valued at approximately Ksh 49.5 billion.

To strengthen accountability, the EACC has issued 712 compliance advisories, 20 cautions, and 12 notices to public institutions and individuals, emphasizing adherence to Chapter Six of the Constitution and the Leadership and Integrity Act. The commission has also advocated for legal reforms, including amendments to the Anti-Corruption and Economic Crimes Act and the Public Officers Ethics Act, to impose stricter penalties and prevent individuals with questionable integrity from holding public office.

The EACC's investigations have revealed systemic vulnerabilities exploited by corrupt officials. The misuse of direct procurement methods to bypass competitive bidding remains a significant concern, as seen in cases like the Ministry of Sports' irregular contracting of a foreign firm for a stadium project. Additionally, the commission has highlighted the weak framework for verifying declarations of income, assets, and liabilities, particularly for assets held abroad, calling for stronger verification processes.

The EACC has also cracked down on petty corruption, which it views as a major threat to public service delivery. Recent operations led to the arrest of traffic police officers extorting bribes from motorists, with estimates suggesting that such practices generate up to Ksh 3 billion monthly. The commission is collaborating with the National Police Service to audit operational systems and curb this widespread issue.

EACC Chief Executive Officer Abdi Mohamud has urged justice sector institutions to work collaboratively to address corruption, which he described as one of the greatest threats to Kenya's development. Recent legislative advancements, such as the enactment of the Conflict-of-Interest Act, 2025, are seen as steps toward stronger accountability. Mohamud emphasized the need for a unified approach, stating, "The fight against corruption requires the commitment of all stakeholders to weed out this vice from our country."

The EACC's ongoing efforts reflect a determined push to hold public officials accountable and safeguard public resources. However, the challenges of political interference, judicial delays, and evolving corrupt practices underscore the need for comprehensive reforms and sustained collaboration across Kenya's governance structures.