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The Ethics and Anti-Corruption Commission (EACC) was established after Kenya’s President Mwai Kibaki signed the Ethics and Anti-Corruption Act on 29 August 2011. The EACC replaced the Kenya Anti-Corruption Commission (KACC)
The Ethics and Anti-Corruption Commission (EACC) is a public body established under Section 3 (1) of the Ethics and Anti-Corruption Commission Act, 2011. The Commission consists of a Chairperson and four other members appointed according to the provisions of the Constitution and Section 4 of the EACC Act. The Commission has a Secretariat, headed by the Secretary/Chief Executive Officer (CEO) to the Commission.
The country’s Parliament disbanded KACC on 24 August 2011, in line with the requirements for change as stipulated in the new Constitutional dispensation after the promulgation of the 2010 Constitution.
The EACC was established on 5 September 2011 and Commissioners Irene Keino and Prof. Jane K. Onsongo appointed on 11 May 2012 to head the anti-graft agency.
Chairman Mumo Matemu was nominated by the Grand Coalition principals, President Mwai Kibaki and Prime Minister Raila Odinga in 2012 to head the anti-graft agency alongside commissioners Irene Keino and Prof. Jane Onsongo.
The three have since resigned concurrently amid controversy in between April–May 2015.
In November 2015, President Uhuru Kenyatta nominated new members to head the agency. Philip Kinusu as the commission’s chairperson alongside four other officials as commissioners. The commissioners are Dabar Maalim, Paul Gachoka, Sophia Lepuchirit and Rose Macharia
The Commission Secretary – HALAKHE DIDA WAQO is in charge of the day-to-day operations. Mr. Halakhe D. Waqo formally took office at the Ethics and Anti-Corruption Commission (EACC) after a swearing-in ceremony held at the Supreme Court of Kenya, on 21 January 2013.
By doing so, he becomes the commission’s first Secretary/Chief Executive Officer since EACC was established to replace the Kenya Anti-Corruption Commission in 2012.
He is deputised by: Mr. Michael Mubea (Deputy Secretary/Chief Executive Officer – Operations) whom joined the commission in 2013.
To combat and prevent corruption, economic crime and unethical conduct in Kenya through law enforcement, prevention, public education, promotion of standards and practices of integrity, ethics and anti-corruption.
The functions of the Ethics and Anti-Corruption Commission derive from the provisions of Articles 79 and 252 of the Constitution, the Ethics and Anti-Corruption Commission Act, and the Leadership and Integrity Act.
The Ethics and Anti-Corruption Commission (EACC) is a statutory body established under Section 3 of the Ethics and Anti-Corruption Commission Act pursuant to Article 79 of the Constitution of Kenya.
These laws provide, among other things, for the functions and powers of the Commission as well as its role in implementing Chapter Six of the Constitution (on leadership and integrity). This is alongside implementing the Anti-Corruption and Economic Crimes Act.
The major role of the Ethics and Anti-Corruption Commission (EACC) is to combat and prevent corruption through law enforcement, preventive measures, education and promotion of standards and best practices in integrity and ethics.
The Ethics and Anti-Corruption Commission should consist of a chairperson and four other members appointed in accordance with the provisions of the Constitution and the Ethics and Anti-Corruption Act.
The chairperson and members of the Commission should be appointed for a single term of six years and are not eligible for re-appointment. Moreover, they should only serve on a part time basis.
The Commissioners should meet at least once every quarter or as often as the need arises for the execution of their functions.
Functions Of Ethics And Anti-Corruption Commission
The powers and functions of the Ethics and Anti-Corruption Commission in Kenya under Article 252 of the Constitution stipulate the Commission:
- may conduct investigations on its own initiative or on a complaint made by a member of the public;
- has the powers necessary for conciliation, mediation and negotiation;
- should recruit its own staff; and
- may perform any functions and exercise any powers prescribed by legislation, in addition to the functions and powers conferred by the Constitution.
Section 11 of the Ethics and Anti-Corruption Commission Act stipulates additional functions for the Ethics and Anti-Corruption Commission where the Commission should:
- in relation to State officers—
- develop and promote standards and best practices in integrity and anti-corruption;
- develop a code of ethics;
- work with other State and public offices in the development and promotion of standards and best practices in integrity and anti-corruption;
- receive complaints on the breach of the code of ethics by public officers;
- investigate and recommend to the Director of Public Prosecutions the prosecution of any acts of corruption, bribery or economic crimes or violation of codes of ethics or other matter prescribed under the Ethics and Anti-Corruption Commission Act, the Anti-Corruption and Economic Crimes Act or any other law enacted pursuant to Chapter Six of the Constitution (on leadership and integrity);
- recommend appropriate action to be taken against State officers or public officers alleged to have engaged in unethical conduct;
- oversee the enforcement of codes of ethics prescribed for public officers;
- advise, on its own initiative, any person on any matter within its functions;
- raise public awareness on ethical issues and educate the public on the dangers of corruption and enlist and foster public support in combating corruption but with due regard to the requirements of the Anti-Corruption and Economic Crimes Act, as to confidentiality;
- subject to Article 31 of the Constitution, monitor the practices and procedures of public bodies to detect corrupt practices and to secure the revision of methods of work or procedures that may be conducive to corrupt practices; and
- institute and conduct proceedings in court for purposes of the recovery or protection of public property, or for the freeze or confiscation of proceeds of corruption or related to corruption, or the payment of compensation, or other punitive and disciplinary measures.
The Commission may cooperate and collaborate with other State organs and agencies and any foreign government or international or regional organisation in the prevention and investigation for corruption.
The Commission should have all powers necessary or expedient for the efficient and effective execution of its functions, under the Constitution, the Ethics and Anti-Corruption Commission Act or any other written law.
The Commission may request and obtain professional assistance or advice from such persons or organizations as it considers appropriate.
The functions of the Commissioners of the Ethics and Anti-Corruption Commission should be to—
- assist the Commission in policy formulation and ensure that the Commission and its staff, including the Secretary, perform their duties to the highest standards possible in accordance with the Ethics and Anti-Corruption Commission Act;
- give strategic direction to the Commission in the performance of its functions as stipulated in the Ethics and Anti-Corruption Commission Act;
- establish and maintain strategic linkages and partnerships with other stakeholders in the rule of law and other governance sectors;
- deal with reports, complains of abuse of power; impropriety and other forms of misconduct on the part of the commission or its staff; and
- deal with reports of conduct amounting to maladministration, including but not limited to delay in the conduct of investigations and unreasonable invasion of privacy by the Commission or its staff.
Powers Of Ethics And Anti-Corruption Commission
The Commission should have all powers generally necessary for the execution of its functions under the Constitution, the Ethics and Anti-Corruption Commission Act, and any other written law.
The Ethics and Anti-Corruption Commission should have the power to—
- educate and create awareness on any matter within the Commission’s mandate;
- undertake preventive measures against unethical and corrupt practices;
- conduct investigations on its own initiative or on a complaint made by any person;
- conduct mediation, conciliation and negotiation; and
- hire such experts as may be necessary for the performance of any of its functions.
For more about the Ethics and Anti-Corruption Commission, see the Ethics and Anti-Corruption Commission Act(opens in a new tab) and visit their website at eacc.go.ke.
Jakaya Kikwete/Valley Road
P.O. Box 61130 – 00200, Nairobi Tel: (020) 4997000
Mobile: 0709 781000; 0730 997000 Fax: (020) 2240954 Email: firstname.lastname@example.org Website: www.eacc.go.ke
Ethics and Anti-Corruption Commission gathers information on corruption occurring in Government and the public Sector from a variety of sources. These sources include members of the public, heads of government departments and agencies, officials working in both the public and private sectors and the media. The reports can be made at the EACC headquarter (Integrity Center), our regional offices and all Huduma Centers countrywide.
Kenya Anti-Corruption Authority
The Kenya Anti-Corruption Authority (KACA) of Kenya was established in 1997 after the amendment of the Prevention of Corruption Act (Cap 65, LOK) in early 1997. The first director was John Harun Mwau who was appointed in December 1997. In April 2003, it was replaced by the Kenya Anti-Corruption Commission (KACC) which was subsequently replaced by the Ethics and Anti-Corruption Commission (EACC)
Kenya Anti-Corruption Commission
The Kenya Anti-Corruption Commission (KACC) was established in April 2003 to replace the Kenya Anti-Corruption Authority after Parliament enacted new legislation.
The legislation enacted to establish the commission was:
- The Anti-Corruption and Economic Crimes Act (ACECA) No. 3 of 2003
- The Public Officer Ethics Act, No 4 of 2003.
These two legislations became operational on 2 May 2003. Section 70 of the (ACECA) repealed the Prevention of Corruption Act (Cap. 65). The Anti-Corruption and Economic Crimes Act established the Kenya Anti-Corruption Commission (KACC) as a body corporate, prescribing its composition and conferring powers and functions to it.
The Act also established the Kenya Anti-Corruption Advisory Board, an unincorporated body comprising persons nominated by a cross-section of stakeholders. The Advisory Board made recommendations for appointment of a Director and Assistant Directors. It also advised the Commission generally on the exercise of its powers and performance of its functions under the Act.
The first Director was Justice (Rtd.) Aaron G. Ringera. The three Assistant Directors appointed were Ms. Fatuma Sichale (Deputy Director and Legal Services), Dr. John P. Mutonyi (Investigations and Asset Tracing), and Dr. Smokin Wanjala (Preventive Services). They formally took office on 10 September 2004. Mr. Wilson Shollei would later be appointed to the vacant position of Assistant Director Finance and Administration.
Change of Directorship
Following parliamentary pressure in July 2011, Justice Ringera was forced to resign from office together with Ms. Sichale and Dr. Wanjala, paving way for appointment of Prof. PLO Lumumba to take office in September 2011. Prof. Jane Onsongo (Preventive Services) and Mr. Pravin Bowry (Legal Services) joined the existing team of Dr. Mutonyi and Wilson Shollei as KACC assistant directors.