Ethics and Anti-Corruption Commission, EACC

 

 

Open. Accountable. Responsible

 

Contents
Introduction

Authority

Can directly prosecute corruption crimes and confiscate money or wealth that was obtained corruptly.

Roles and Functions

Prevent corruption, educate the public on corruption and its prevention.

Composition

Five Commissioners to serve at the EACC, led by a Chair.

 

 

Introduction

 

 

eacc--new-logo from eacc.go.ke

 

Most historians, public commentators, policy makers, social scientists and other experts are of the view that corruption is the single most important contributor to poor governance in the past in Kenya. Corruption has frustrated the people's aspirations for a life in which merit, equity and justice is a way of life. The establishment of a body to lead the fight against corruption began way back in the 1990s with the formation of the toothless and ineffective Kenya Anti-Corruption Authority, KACA. KACA was disbanded by a constitutional court to be replaced by the KACC or Kenya Anti-Corruption Commission which did not achieve anything either.

The New Constitution has established an independent Commission, the Ethics and Anti-Corruption Commission EACC, to lead the fight against corruption in all sectors - economic, social and political but perhaps more importantly, to set the integrity bar for all and especially for officers in the Public Service. Indeed, the very process of appointment of its first chair in May of 2012, was soon the subject of a petition in the High Court. The Court set aside the appointment while ruling that both the Selection Panel and the National Assembly failed to investigate adequately the allegations made against the integrity of the nominee for Chair of the Commission. However in July 2013, the Appeals Court overturned the lower Court's judgment saying that the Judges exceeded their mandate by failing to maintain the separation of powers.

Public expectations are however at an all-time high on the EACC to deliver on its mandate largely because the Commission has come in together with the widely-popular Constitution of Kenya 2010.

 

Authority

 

The Ethics and Anti-Corruption Commission has constitutional authority of an Independent Commission as defined in Chapter 15's Article 248. This means, the Commission is fully independent since it has been granted the same status and powers of a Constitutional Commission. Chapter 6 - Leadership and Integrity, Article 79 states in part:

79. Parliament shall enact legislation to establish an independent ethics and anti-corruption commission, which shall be and have the status and powers of a commission under Chapter Fifteen, .......

To provide for checks and balances, the EACC must report to the President and Parliament, on its activities and financial statements at least once each year. These published reports will of course be appropriately publicised. Article 27 of the Act:

27. (2) The Commission shall submit the annual report to the President and the National Assembly .......
(3) The annual report shall contain, ........ (a) the financial statements of the Commission; (b) a description of the activities of the Commission; (d) any recommendations made by the Commission to State departments or any person and the action taken; (e) the impact of the exercise of any of its mandate or function; (f) any impediments to the achievements of the objects and functions under the Constitution, this Act or any written law; ........
(4) The Commission shall cause the annual report to be published and the report shall be publicized in such manner as the Commission may determine.

Indeed, the EACC, in May 2013, submitted to the National Assembly, its first quarterly report following the March 2013 general elections.

 

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