EACC urged to submit proposal to Parliament for prosecutorial powers

Speaking during the Justice Sector Dialogue held in Nakuru, Murugara stated that any move to expand the commission’s mandate must follow due legislative process, even as the country seeks more effective tools to combat corruption.

He noted that if the EACC believes prosecutorial authority is necessary to decisively win the war against graft, it should submit concrete reform proposals to lawmakers.

The high-level forum, convened by the EACC, brought together key players across Kenya’s justice chain, including the Judiciary, the Directorate of Criminal Investigations, the Office of the Director of Public Prosecutions, the Commission on Administrative Justice, the Kenya Revenue Authority, the Kenya Private Sector Alliance, and Transparency International Kenya.

Participants at the meeting pledged to strengthen collaboration in the fight against corruption, signalling a renewed and coordinated approach to tackling a vice widely blamed for undermining economic growth, sustainable development, and public trust in institutions.

In remarks delivered on her behalf by Court of Appeal Judge Mwaniki Gachoka, Chief Justice Martha Koome challenged institutions to reassess investigation timelines, prosecutorial preparedness, and case management within the courts.

She emphasised the need for sustained coordination across agencies and reaffirmed the Judiciary’s commitment to enhancing its role in the justice chain.

During the meeting, the officials also prioritised the development of a comprehensive whistleblower protection law and advocated for early-stage witness protection measures, particularly in high-profile corruption cases.

The forum further endorsed the use of Alternative Dispute Resolution, Alternative Justice Systems, and multi-door approaches to improve the recovery of proceeds of corruption and unexplained wealth.

Additionally, the EACC and the Asset Recovery Agency were tasked with lobbying for legislative reforms to allow recovered assets to be directly utilised for public benefit where appropriate.

Speaking at the closing ceremony, Principal Secretary in the State Department for Justice, Human Rights and Constitutional Affairs Judith Pareno highlighted the need to translate discussions into tangible outcomes.

“It is important that the insights, recommendations, and experiences shared during this forum translate into practical reforms and sustained collaboration among institutions,” she stated.

In the past, EACC has been calling for prosecutorial powers which are currently under the Office of the Director of Public Prosecutions (ODPP). 

The two agencies have occasionally disagreed on the sufficiency of evidence in some cases, leading to delays that can stretch for months.