TI Kenya urges stronger anti-graft measures to fight impunity in the country

Stakeholders display a copy of the Transparency International Kenya report 2025> PHOTO/X/TI

Transparency International Kenya has called for reforms to strengthen Kenya’s anti-corruption fight.

In a report titled 'Rubber Meets the Road,' TI has made radical recommendations for the Ethics and Anti-Corruption Commission (EACC), the Judiciary, and the Office of the Director of Public Prosecutions (DPP).

The report is a result of TI's assessment on the impact of anti-corruption laws and institutions in Kenya.

TI Kenya emphasises institutional independence, legal reforms and enhanced enforcement mechanisms as crucial to Kenya's fight against graft.

The anti-corruption lobby recommends that the EACC should be granted full operational and financial autonomy to shield it from political influence.

“The commission’s effectiveness is undermined by external interferences. Granting it full autonomy will enhance its ability to act decisively,” TI states.

The agency further calls for the expansion of EACC’s jurisdiction to ensure that all public officials, including those in county governments, are held accountable.

“Integrity requirements must be strictly enforced at all levels of governance.” 

Additionally, TI underscores the need for better public sensitisation on corruption issues.

“Empowering citizens through awareness campaigns will enable them to hold leaders accountable and demand transparency,” the report notes.

TI Kenya further notes that the EACC faces significant challenges in the execution of its mandate.

The agency struggles with limited funding and inadequate staffing, which hampers the commission's ability to conduct thorough investigations, TI notes.

“The commission remains underfunded, which affects the quality and speed of investigations,” the agency states in its report.

Political interference also poses a major obstacle, with some high-profile corruption cases stalling due to external pressures.

The body urges the Judiciary to establish clear definitions of key legal terms to eliminate ambiguities in corruption cases.

“The lack of precise legal definitions creates loopholes that delay justice and allow suspects to evade accountability,” TI states.

As part of the remedy, TI has called for expedited handling of corruption-related cases.

“Justice delayed is justice denied. The Judiciary must prioritise these cases to ensure that culprits face the consequences of their actions without unnecessary delays.”

TI says despite that these recommendations, progress in the fight against graft will remain a pipe dream since the Judiciary continues to face major hurdles in handling corruption cases.

TI highlights that judicial delays are often caused by case backlogs, lack of specialised anti-corruption courts and frequent legal technicalities exploited by defense teams.

“Court delays weaken public confidence in the justice system and embolden corrupt individuals,” TI says in its report.

Additionally, it says some judicial officers have been accused of corruption, further complicating efforts to deliver justice.

TI Kenya recommends that the Office of the Director of Public Prosecutions (ODPP) establish specialised teams to conduct thorough asset verification and financial investigations against those under investigation.

“Asset tracing and financial forensics are crucial in building strong cases that lead to successful prosecutions,” the report highlights.

TI also urges the DPP to collaborate closely with other agencies to ensure that corruption cases are well-substantiated and properly prosecuted.

“The fight against corruption requires synergy among investigative, prosecutorial and judicial bodies to guarantee airtight legal proceedings.”

TI Kenya says the ODPP faces several setbacks in executing its mandate.

IT says the office often encounters challenges in securing sufficient evidence for successful prosecutions, partly due to weak investigations by law enforcement agencies.

“Poorly investigated cases lead to weak prosecutions and eventual acquittals,” TI Kenya observes.

Additionally, political interference in high-profile cases has resulted in selective prosecutions, undermining public trust in the ODPP's impartiality.

The lobby emphasises that combating corruption requires a collective effort involving the government, Judiciary, independent agencies and the public.

“Kenya’s anti-corruption efforts will only succeed if all stakeholders work together towards the common goal of transparency and accountability,” TI Kenya asserts.