NAIROBI, Kenya – The Ethics and Anti-Corruption Commission (EACC) has defended the legality of the Presidential Multi-Agency Team on the War Against Corruption (MAT-WAC), telling the High Court that the framework is consistent with the Constitution and Kenya’s laws.
In a replying affidavit, David Too, EACC’s Director of Legal Services and Asset Recovery, said the commission supports MAT-WAC provided its institutional independence is respected.
“The members of MAT-WAC are institutions with crucial information that could expedite investigation and prosecution of corruption offences and recovery of assets obtained from corruption activities,” Too said.
He argued that while the EACC is constitutionally independent under Article 249(2) and not subject to control by any authority, independence does not mean working in isolation.
“The fight against corruption requires all hands on deck,” Too stated, adding that collaboration enhances intelligence sharing, resource pooling, streamlined investigations, and effectiveness in asset recovery and prosecutions.
Presidential directive under scrutiny
President William Ruto formally established MAT-WAC on August 18, 2025, bringing together 11 agencies: the Office of the President, the Attorney General, National Intelligence Service (NIS), Directorate of Criminal Investigations (DCI), Office of the Director of Public Prosecutions (ODPP), Central Bank of Kenya (CBK), Asset Recovery Agency (ARA), Kenya Revenue Authority (KRA), Financial Reporting Centre (FRC), Public Procurement Regulatory Authority (PPRA), and the EACC.
According to the commission, MAT-WAC’s objectives include strengthening cooperation among state agencies, mobilizing resources, engaging the private sector, enhancing communication on anti-graft gains, and sharing best practices.
Petition challenges legality
The affidavit was filed in response to a petition by Dr. Magare Gikenyi and others, who argue that the Presidential directive is unconstitutional and duplicates existing institutions.
The petitioners contend that the inclusion of independent offices such as the ODPP, NIS, CBK, and DCI undermines their autonomy and risks politicizing their mandates.
They also accuse the President of exercising “imaginary hot air mirage powers” beyond what the Constitution allows.
“The Commission is in principle in favour of the MAT-WAC framework so long as its independence is safeguarded,” Too insisted, urging the court to dismiss the case.
The matter is expected to test the limits of executive authority in forming inter-agency frameworks while safeguarding the independence of constitutional bodies.
