NAIROBI, Kenya – The Ethics and Anti-Corruption Commission (EACC) could soon have expanded powers to access bank accounts, mobile money records, and call data as part of its investigations into corruption if a proposed law is passed.
The Anti-Corruption Laws (Amendment) Bill, 2025, sponsored by Attorney General Dorcas Oduor, seeks to amend the Anti-Corruption and Economic Crimes Act to strengthen the commission’s investigative reach.
Under the current law, EACC investigators are authorized to search a suspect’s premises with a court-issued warrant for property or records relevant to corruption investigations.
The new bill extends this authority to financial accounts and telecommunications data, a move aimed at tightening the noose on graft-related crimes.
The proposed amendments will empower EACC to obtain account opening documents, transaction records, and other critical information related to investigations.
In certain cases, investigators can request court orders to freeze funds in a suspect’s account for up to 30 days.
“In an application for a warrant for the purposes of subsection (1), the Commission may seek an order prohibiting the transfer or dealing with the funds in the accounts specified in subsection (1) for thirty days,” the bill reads in part.
The bill also introduces tougher measures to ensure cooperation with EACC investigations.
Witnesses who fail to honor summonses to provide information at the commission’s offices or a police station face penalties of up to Ksh.300,000, a jail term of three years, or both, upon conviction.
The amendments will also place greater accountability on the Office of the Director of Public Prosecutions (DPP).
The DPP will be required to prepare quarterly reports for Parliament, detailing the number of cases forwarded by the EACC and their outcomes.
In instances where the DPP withdraws or opts not to prosecute, they will be obligated to provide reasons in the report, which will also be published in the Kenya Gazette.
Convicted individuals or organizations involved in corruption will face more than just fines or imprisonment.
The bill proposes debarment from public procurement or holding public office for a decade, adding a significant deterrent to potential offenders.
The bill is currently in the public participation stage, with the Attorney General’s office inviting comments from the public until February 14, 2025.
Feedback can be sent to amendmentbill2025@ag.go.ke.
