The Ethics and Anti-Corruption Commission (EACC) will gain expanded authority to investigate bank accounts, mobile money accounts, and call data records under the proposed Anti-Corruption Laws (Amendment) Bill, 2025.
The bill, introduced by Attorney General Dorcas Oduor, seeks to amend the Anti-Corruption and Economic Crimes Act, providing the commission with stronger powers to investigate graft-related offenses.
Currently, the Act only allows EACC to search a suspect’s premises with a warrant to seize property or records that were not voluntarily submitted to the commission. The new bill broadens the EACC’s mandate to include investigating financial records such as bank statements, mobile money transactions, and call data records.
The commission will also have the authority to request documents related to account openings, transaction records, banker’s books, and other relevant materials for investigations. The bill further allows the EACC to seek a court order to block the transfer or dealings with funds in specific accounts for up to thirty days.
Additionally, the bill empowers the Attorney General to compel witnesses to comply with EACC summons, requiring them to appear at the commission’s offices or a police station to provide information. Non-compliance could result in a fine of up to Ksh. 300,000, a prison sentence of up to three years, or both.
If passed, the bill will also mandate the Director of Public Prosecutions (DPP) to submit quarterly reports to Parliament detailing the number of investigation reports submitted by the EACC and their outcomes. If the DPP withdraws or fails to initiate prosecution after receiving an EACC report, the Director must provide a written explanation.
The bill is currently undergoing public participation, and Kenyans can submit comments to the Office of the Attorney General via [email protected] by February 14, 2025.
