EACC Urged to Submit Proposal to Parliament for Prosecutorial Powers

Chairperson of the National Assembly’s Justice and Legal Affairs Committee (JLAC), George Murugara, has urged the Ethics and Anti-Corruption Commission (EACC) to formally present its proposal to Parliament if it seeks prosecutorial powers.

Speaking during a Justice Sector Dialogue held in Nakuru, Murugara said that any expansion of the EACC’s mandate must follow the proper legislative process, even as Kenya continues to strengthen its fight against corruption.

He noted that if the commission believes it needs prosecutorial authority to more effectively combat graft, then it should submit detailed reform proposals for parliamentary review and debate.

The forum, convened by the EACC, brought together key institutions in the justice system, including the Judiciary, the Directorate of Criminal Investigations (DCI), the Office of the Director of Public Prosecutions (ODPP), the Commission on Administrative Justice, the Kenya Revenue Authority, the Kenya Private Sector Alliance, and Transparency International Kenya.

Participants committed to strengthening collaboration among agencies in order to improve the fight against corruption, which continues to undermine economic growth, public trust, and service delivery in the country.

In remarks delivered on her behalf by Court of Appeal Judge Mwaniki Gachoka, Chief Justice Martha Koome called for improved coordination among justice sector institutions. 

She emphasized the need to reassess investigation timelines, prosecutorial readiness, and case management to enhance efficiency in the justice system.

She further urged institutions to work closely together and reaffirmed the Judiciary’s commitment to strengthening justice delivery.

During the meeting, stakeholders also prioritized the development of a whistleblower protection law and proposed early-stage witness protection measures, especially in high-profile corruption cases.

The forum also supported the use of Alternative Dispute Resolution (ADR) and Alternative Justice Systems (AJS) to improve recovery of proceeds of corruption and unexplained wealth.

Additionally, the EACC and the Asset Recovery 

Agency were encouraged to push for legal reforms that would allow recovered assets to be directly used for public benefit where appropriate.

EACC has in the past pushed for prosecutorial powers currently held by the Office of the Director of Public Prosecutions (ODPP), a move that has sparked debate due to occasional disagreements between the two agencies over evidence sufficiency, often leading to delays in corruption cases.

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