NAIROBI, Kenya—The Ethics and Anti-Corruption Commission (EACC) forwarded 50 investigation files to the Director of Public Prosecutions (DPP) during the July–September 2026 quarter, with nearly half still awaiting a decision or having been returned for further investigations.
The figures, contained in the commission’s third quarterly report published in the Kenya Gazette on October 30, show that 43 of the files carried recommendations for prosecution, while one was recommended for administrative action and six for closure.
However, the report indicates that the prosecution process remained incomplete for a significant number of the investigations by the end of the reporting period.
The DPP accepted 10 recommendations to prosecute, returned 14 files to EACC for further investigations and had 24 files under consideration.
Four cases had already been lodged in court during the quarter.
Nearly half of files remain unresolved
The 24 files awaiting the DPP’s consideration account for 48 per cent of the 50 investigations submitted during the reporting period.
A further 14 files, representing 28 per cent, had been returned to EACC for additional investigations.
Combined, the two categories account for 38 of the 50 files, leaving the commission and prosecutors with further work before those matters could progress.
The figures also show an increase in the number of files returned for further investigations compared with the preceding quarter.
During the April–June 2026 period, EACC forwarded 43 files to the DPP, with 21 awaiting prosecutorial advice and 10 returned for further investigations.
The latest report shows that the number awaiting consideration increased from 21 to 24, while returned files rose from 10 to 14. The proportion awaiting a decision, however, remained broadly similar across the two quarters.
High-value investigations among files under review
Some of the investigations detailed in the report involve substantial sums paid through government procurement arrangements.
One of the largest concerns a Senior Clerical Officer in the State Department for Environment, Climate Change and Forestry, who was allegedly associated with 10 companies that received a combined Sh385.99 million from the ministry over 10 financial years.
EACC recommended charges against the officer, the companies and their directors over alleged conflict of interest, acquisition and use of proceeds of crime, and money laundering.
The DPP returned the file on July 22, 2026, recommending further investigations.
In Siaya County, investigators examined a company linked to a county employee and her husband, both of whom worked for the county government.
The company received Sh30.01 million through 16 contracts awarded during the 2023/2024 and 2024/2025 financial years.
EACC also reported that money was transferred through M-Pesa to two other county employees working as a procurement officer and an accountant. Investigators identified Sh2.45 million in payments supported by documents duplicated from another tender.
The DPP returned the investigation file on August 17 for further investigations.
Another case involved a Sh16.99 million Nairobi City County tender for the rehabilitation of Gitiba Road.
EACC recommended charges against the company and its directors over alleged uttering of false documents, fraudulent procurement practices and related offences.
Although the DPP initially concurred with the recommendation to charge on July 30, EACC resubmitted the file on August 21 following further investigations. The commission was still awaiting the DPP’s response at the time of the report.
Some investigations have progressed to court
The quarterly report also details cases in which the DPP accepted EACC’s recommendations and proceedings were initiated.
In Turkana County, a Principal Finance Officer was investigated over alleged links to a family-owned company that received Sh62.6 million through 17 county tenders.
The officer’s two brothers and mother were directors of the company, while the officer was a signatory to one of its bank accounts.
Investigators established that Sh36.68 million was deposited into an account in which the officer was the sole signatory.
The DPP concurred with EACC’s recommendation to charge on July 20, 2026, and the case was subsequently taken to the Eldoret Magistrate’s Court.
In Kitui County, a Chief Officer in the Department of Agriculture, Livestock and Fisheries was investigated over allegations that he influenced the award of tenders to five companies that received Sh14.12 million from the county government.
Although the officer was not a director or bank signatory in the companies, EACC said he used his position as an Accounting Officer and holder of Authority to Incur Expenditure to influence the awards.
The DPP concurred with the recommendation to charge on July 29, and the case was subsequently filed at the Kitui Magistrate’s Court.
The report also details other investigations involving alleged bribery, forged academic qualifications, abuse of office and fraudulent procurement practices across national and county government institutions.
What the figures reveal about the prosecution process
The quarterly statistics provide a snapshot of how corruption investigations move from the investigative stage to prosecutorial review and, where approved, court proceedings.
Under Section 36 of the Anti-Corruption and Economic Crimes Act, EACC is required to prepare quarterly reports detailing investigation files forwarded to the DPP and the decisions made on its recommendations.
The reports are submitted to the Attorney-General and published in the Kenya Gazette.
While the latest figures show that EACC forwarded more files than in the preceding quarter, they also indicate that a substantial number had yet to receive a final prosecutorial decision.
The figures do not, on their own, explain the reasons for the pending decisions or the additional investigations requested by the DPP.
