EACC warns State officers against politics, hits out at ODPP over inaction on graft cases

The Ethics and Anti-Corruption Commission (EACC) has issued a stern warning to Principal Secretaries and other State officers engaging in political campaigns, saying the Constitution requires them to remain politically neutral.

The commission is also pushing for legal and constitutional reforms to bar politicians convicted of corruption from vying for or holding office even while their appeals are still pending.

As political activity gains momentum across the country, some Principal Secretaries and government officials have been seen taking an active role in defending the government and participating in political rallies.

But the EACC now says such conduct violates constitutional provisions that require public officers to remain politically neutral.

“I would like to know whether there are State officers being investigated for participating in campaigns," said Manyatta MP Gitonga Mukunji.

“On the issue of political neutrality, the Leadership and Integrity Act exempts Cabinet Secretaries and County Executives from certain restrictions, but it does not exempt other public officers," added director of investigations at EACC, John Lolkoloi.

The EACC officials made the remarks while appearing before the National Assembly Committee on Implementation of the Constitution as the country begins preparations for the 2027 General Election.

During the session, EACC Chief Executive Officer Abdi A. Mohamud presented proposals aimed at strengthening the enforcement of Chapter Six of the Constitution on leadership and integrity, particularly in relation to the provisions on representation of the people under Chapter Seven.

Mohamud told the committee that the commission is seeking amendments to Article 99(3) and Article 193(3) of the Constitution, which it says currently undermine the enforcement of integrity requirements for candidates seeking elective office.

Under the current law, a person who has been convicted of corruption or found to have misused or abused a public office is not disqualified from contesting an election or holding office until all avenues of appeal or review have been exhausted.

According to the commission, the provision allows individuals convicted of corruption or other integrity violations to remain eligible for election or continue serving in office as long as they file an appeal.

EACC now wants the Constitution amended so that a person remains disqualified from holding or seeking elective office until the conviction, sentence or decision is successfully overturned on appeal or review.

The commission argued that the current framework allows individuals to exploit the legal process by filing appeals that remain pending for years, effectively bypassing the integrity standards set out under Chapter Six.

“In 2022, you recommended the disqualification of four candidates, but only five were barred. What is the point of EACC vetting if IEBC is not required to act?” Nandi Hills MP Bernard Kitur, Chairperson of the Committee on Implementation of the Constitution (CIOC), posed.

Lolkoloi added: “Out of the 241 cases we reviewed, some individuals had already been convicted at the Magistrate’s Court. However, IEBC said their hands were tied because the appeals process had not been exhausted.”

Under the Anti-Corruption and Economic Crimes Act, individuals convicted of corruption are barred from seeking elective office for 10 years after conviction.

The commission is now recommending amendments to Article 99(3) of the Constitution, which states that a person is not disqualified from holding office until all avenues of appeal have been exhausted.

EACC argues that this provision allows individuals convicted of corruption to continue seeking or holding office despite their convictions.

The commission has also criticised the Office of the Director of Public Prosecutions (ODPP), accusing it of inaction on many corruption cases forwarded for prosecution.

“The DPP has unchecked powers. The DPP can decide to close a file and nobody will ask questions,” said Mohamud.