What EACC achieved in last five years

When the Ethics and Anti-Corruption Commission came up with the strategic plan for the last five years, it was anchored on five objectives.

These included strengthening policy, legal and regulatory framework, enhancing law enforcement against corruption and unethical conduct, and enhancing public education, communication and awareness.

It also looked to enhance the prevention of corruption and unethical practices and the institutional capacity of the Commission.

By June 30, which marked the lapsing of the 2018-2023 strategic plan, EACC had averted the loss of Sh39.2 billion of public funds, marking an increase from the 2013-2018 period.

Then, EACC averted a loss of Sh19.7 billion.

According to the newly launched 2023-2028 strategic plan, the Commission achieved the same through the disruption of corruption and economic crime networks.

During the same period, it traced assets worth Sh47.9 billion with Sh15.6 billion worth of assets being preserved.

It filed 205 civil suits for the recovery of assets worth Sh27.9 billion and recovered assets worth Sh28 billion.

This was a 686.1 per cent increase from the Sh3.565  billion worth of assets recovered in the 2013-2018 period.

Among the recovered assets was a 56-acre land belonging to the Meteorological  Department which is located at Industrial Area, Nairobi.

The land is valued at Sh5.2 billion.

EACC also recovered the 227.9-hectare Naivasha KARLO land worth Sh800 million and Sh830 million land belonging to the High Court at Kisumu.

Several blocks in the Nyahururu Municipality which were reserved for a bus park were also recovered.

The Sh42 million land was recovered through an out-of-court settlement.

EACC also noted the recovery of six parcels of land in Eldoret which belong to the County government of Uasin Gishu and the National Police Service valued at Sh1.9 billion.

A 0.4047-hectare land belonging to the Kenya Revenue Authority was recovered in Mtwapa Creek, and a number of illegally acquired Kenya Railways land in Kisumu were also recovered.

In Mombasa, public land worth Sh398 million was recovered.

Using the Alternative Dispute Resolution method, EACC recovered Sh18 million in cash belonging to the County Government of Isiolo and land valued at Sh33.5 million in Nakuru.

The Commission also used ADR in the recovery of various Nakuru Municipality Blocks valued at Sh74.2 million.

During the five-year period, EACC received and analysed 30,523 reports, out of which 11,620 were relevant to the Commission mandate.

EACC's mandate is combating and preventing corruption, economic crime and unethical conduct in Kenya.

This is through law enforcement, prevention, public education, and promotion of standards and practices of integrity, ethics and anti-corruption.

Further, the Commission undertook 444 digital forensic and 836 forensic document examinations.

It extracted 1,583 Integrated Financial Management Information Systems (IFMS) Reports.

"A total of 752 files on corruption, economic crimes and unethical conduct were forwarded to the Office of the Director of Public Prosecutions (ODPP)," EACC said.

Out of these, the Commission recommended 435 for prosecution, 55 for administrative action, 152 for closure and 110 for other action.

The EACC supported the prosecution of 1,710 cases in court resulting in 168 convictions, 96 acquittals and 49 withdrawals/discharges.

During this period, the Commission in collaboration with the Office of the Attorney General, helped in the development of the National Ethics and Anti-Corruption Policy, Sessional Paper No. 2 of 2018.

The paper was adopted in 2020.

The Commission also submitted memoranda to the Parliament with proposals to amend the Bribery Act, 2016, to include both private and public entities in the scope of the application of the Act.

In addition, it submitted a proposal to amend the Anti-Corruption and Economics Crimes Act, 2003 to allow the Commission to seek court orders for State Officers under investigation or those charged with corruption or economic crimes to be barred from accessing Office or exercising powers of the Office.

Further, it sought to amend the Ethics and Anti-Corruption Commission Act, 2011 to require the presentation of the Commission Annual Report within six months, from the current three months to the end of the year to which it relates.

EACC submitted a proposal to amend the Leadership and Integrity Act, 2012 to allow it to verify the suitability of candidates applying to be appointed to a public entity, and to allow the High Court on application by any person, to declare the assumption of office by a State Officer to be invalidated for not committing to the Specific Leadership and Integrity Code.

Following this, the Companies Act, 2015 was amended to establish Business Registration Services (BRS) and require companies to disclose their beneficial owners.

The EACC Act, 2011, was amended expanding the powers of the Commission to institute proceedings for recovery of properties or proceeds of corruption outside Kenya.

"These amendments have created a more effective legal and regulatory framework by minimising incidences of conflict of interest and allowing recovery of proceeds of corruption stashed outside the country," EACC said.

The Commission developed guidelines on Registrable Interests and Administrative Procedures on Declaration of Income, Assets and Liabilities (DIALs).

Following the enhancement of law enforcement, the anti-graft body marked an increase in the conviction rate, from 51.5  per cent in 2013-2018 period, to 53.7 per cent in 2018 -2023 period.

The concurrence rate of cases forwarded for prosecution increase to 92 per cent from 90.2 per cent in the previous five-year strategic plan.

Further, EACC undertook System Reviews in institutions through the Examination and Corruption Risk Assessment  where 68 systems reviews were done in public institutions.

There was one review in private institution.

In the new period whose strategic plan was launched on Tuesday, EACC said it had borrowed from lessons learnt in the last five-year plan.

Some of the lessons include using ADR in asset recovery and use of digital platforms and media to enhance wider reach of public education and awareness.