The Ethics and Anti-Corruption Commission (EACC) is a constitutional anti-corruption agency established under Article 79 of the Constitution of Kenya and governed by the Ethics and Anti-Corruption Commission Act. The commission is responsible for enforcing Chapter Six of the Constitution on leadership and integrity, as well as combating corruption, bribery, and economic crimes.
The EACC is mandated to prevent, investigate, and recommend prosecution of corruption-related offenses while promoting ethical standards and accountability in public service.
Composition of the Ethics and Anti-Corruption Commission
- The EACC consists of a chairperson and four members.
- Members are appointed by the President following approval by the National Assembly.
- They serve a single six-year term and cannot be reappointed.
- Commissioners serve on a part-time basis and must meet at least once per quarter.
Functions of the Ethics and Anti-Corruption Commission (EACC)
The functions of the EACC are derived from:
- Article 79 and Article 252 of the Constitution
- Ethics and Anti-Corruption Commission Act
- Anti-Corruption and Economic Crimes Act
- Leadership and Integrity Act
1. Investigations and Law Enforcement
The EACC has the power to:
- Investigate corruption cases on its own or based on public complaints.
- Gather evidence and recommend prosecution to the Director of Public Prosecutions (DPP).
- Institute legal proceedings for the recovery of stolen public assets and corruptly acquired wealth.
- Monitor and detect corrupt practices within public institutions.
2. Promotion of Integrity and Ethical Standards
The commission is responsible for:
- Developing and promoting codes of ethics for public officers.
- Overseeing compliance with leadership and integrity laws.
- Providing policy advice on ethical standards to state institutions.
- Recommending disciplinary action for unethical conduct by public officers.
3. Preventive Measures Against Corruption
The EACC works to reduce corruption through preventive strategies, including:
- Public education and awareness campaigns on corruption risks.
- Encouraging best practices in integrity and accountability.
- Reforming policies and procedures in public institutions to eliminate corruption loopholes.
- Reviewing laws and regulations to improve governance and transparency.
4. Dispute Resolution and Mediation
The commission has the power to:
- Mediate, negotiate, and conciliate disputes related to corruption and ethical breaches.
- Resolve complaints regarding abuse of office and maladministration.
5. Oversight of Public Bodies
The EACC monitors government operations to detect and prevent corruption by:
- Conducting system audits in public institutions.
- Recommending policy changes to enhance accountability.
- Reviewing and advising on governance practices in government agencies.
6. Collaboration with National and International Agencies
The commission works with:
- Other state agencies in combating corruption.
- Foreign governments and international bodies to recover stolen assets.
Powers of the Ethics and Anti-Corruption Commission
The EACC has broad powers to execute its functions, including the power to:
- Investigate corruption cases independently.
- Compel individuals or institutions to provide documents and testimony.
- Freeze, seize, and recover stolen public assets.
- Monitor government institutions for compliance with integrity laws.
- Hire experts and professionals to assist in investigations.
- Conduct public awareness campaigns to educate citizens on corruption.
Functions of EACC Commissioners
The commissioners of the EACC are responsible for:
- Setting policies and ensuring the commission operates effectively.
- Providing strategic direction in anti-corruption efforts.
- Handling complaints and reports of misconduct within the EACC.
- Establishing partnerships with relevant governance bodies.
Conclusion
The Ethics and Anti-Corruption Commission (EACC) plays a critical role in fighting corruption, promoting accountability, and enforcing leadership integrity in Kenya. Through investigations, policy reforms, public education, and legal enforcement, the commission ensures that public officers uphold ethical standards and are held accountable for corruption-related offenses.
For more details, refer to the Ethics and Anti-Corruption Commission Act and the Anti-Corruption and Economic Crimes Act.
