Kenya Anti-corruption Commission KACC

on the frontline against corruption

The Kenya Anti-Corruption Commission is a public body created by the Anti-Corruption and Economic Crimes Act, 2003.
The Kenya Anti-Corruption Commission (KACC) is headed by the Director (who is also the Chief Executive) assisted by up to four Assistant Directors. The Director and the Assistant Directors are selected by the Kenya Anti-Corruption Advisory Board and appointed by the President after vetting by Parliament … (full text about).

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Address: KACC, Headquarters, Kenya Anti-Corruption Commission, Integrity Centre, Milimani/Valley Road Junction, P.O. Box 61130-00200, Nairobi, Kenya;
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History: Kenya has had an anti-corruption legislation from way back in 1956. The Prevention of Corruption Act (Cap. 65) was in operation from August 1956 to May 2003.

Initially, the Prevention of Corruption Act (Cap. 65) was enforced by the Police Department in the early years. Corruption grew over the years despite the existence of the Prevention of Corruption Act. An effort was made to establish in 1993 an Anti-Corruption squad within the Criminal Investigation Department of the Force, but the squad was disbanded before it could make an impact 1995. The Prevention of Corruption Act (Cap. 65) was amended in early 1997 to provide for the establishment of the Kenya Anti-Corruption Authority (KACA).

The first Director of KACA, Mr. John Harun Mwau was appointed December 1997. He was suspended after being in office for only six months and was later removed through a Judicial Tribunal appointed by the then President Daniel arap Moi. The second Director of KACA, Justice Aaron Ringera was appointed in March 1999.

However, on December 22, 2000, the High Court in the case of Gachiengo V Republic (2000) 1 EA 52(CAK) made a ruling that the existence of KACA undermined the powers conferred on both the Attorney General and the Commissioner of Police by the Constitution of the Republic of Kenya . In addition, the High Court further held that the statutory provisions establishing the KACA were in conflict with the Constitution. That spelt the death of KACA and the various efforts in the fight against corruption in Kenya.

NEW INITIATIVES:

Efforts to resuscitate the fight against corruption culminated in the enactment of two pieces of legislation in April 2003. These were:

  • The Anti-Corruption and Economic Crimes Act, No 3 of 2003;
  • The Public Officer Ethics Act, No 4 of 2003.

These two statutes became operational on 2nd May 2003. The Prevention of Corruption Act (Cap. 65) was repealed by Section 70 of the Anti-Corruption and Economic Crimes Act No. 3 of 2003.

The Anti-Corruption and Economic Crimes Act, establishes the Kenya Anti-Corruption Commission (KACC) as a body corporate, prescribes its composition and confers powers and functions to it.

The Act also establishes the Kenya Anti-Corruption Advisory Board an unincorporated body comprising of persons nominated by a cross-section of stakeholders. The Advisory Board makes recommendations for person to be appointed as a Director and Assistant Directors. It also advices the Commission generally on the exercise of its powers and performance of its functions under the Act.

The establishment of KACC has been an important milestone in the fight against corruption in Kenya. This has been part of the Kenya Government’s commitment to eradicate corruption, improve good governance and foster transparency in all sectors.

The first Director and three Assistant Directors formally took office on the 10th September, 2004. Management immediately embarked on a spirited campaign to recruit qualified professionals as members of staff. Upon reporting to work in February 2005, the next emphasis was to lay out strategies and structures that would be effective in the fight against corruption.

KACC has made tremendous progress within its mandate touching inter-alia on, investigations, asset tracing and recovery, prevention of corruption through identification and elimination of opportunities for corruption in systems and procedures of public bodies and public education aimed at enlisting public support.

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