FAQs

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What is the Kenya Anti-Corruption Commission?

The Kenya Anti-Corruption Commission is a public body established under the Anti-Corruption and Economic Crimes Act, 2003 as the main agency with a statutory mandate to fight corruption in Kenya. The Commission has the capacity to sue and be sued in its name and to acquire and dispose of property.

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When and how was it established?

The Commission was established on 2nd May 2003 when the Anti-Corruption and Economic Crimes Act came into force. It is established under section 6 of the Act.

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What is the Mission of the Commission?

The Mission of the Commission is to combat corruption and economic crimes through law enforcement, prevention and public education.

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How is the Commission managed on a day to day basis?

KACC is headed by the Director who is the Chief Executive Officer of the Commission. He is assisted by up to four (4) Assistant Directors, one of whom is the Deputy Director. The Deputy Director assists the Director in discharging his duties in his absence. The Commission has four (4)Directorates each headed by an Assistant Director.

These are:

  • Investigation and Asset Tracing Directorate;
  • Legal Services and Asset Recovery Directorate;
  • Research, Education, Policy and Preventive Services (REPPS)
    Directorate;
  • The Finance and Administration Directorate.

The Commission has officers in each Directorate who assist the Assistant Directors in running programmes and activities in their respective Directorates.

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How are the Director and Assistant Directors appointed?

The Director and the Assistant Directors are recommended by the Kenya Anti-Corruption Advisory Board established under section 16 of the Anti-Corruption and Economic Crimes Act. The names are then forwarded to Parliament for approval. Once Parliament approves the names, the President then formally appoints the persons to the various offices for which approval was given.

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What is the Kenya Anti-Corruption Advisory Board?

The Kenya Anti-Corruption Advisory Board is a body established under section 16 of the Anti-Corruption and Economic Crimes Act. The Board consists of twelve (12) members and the Director of the Commission who is its Secretary. The members of the Board are drawn from civic, religious, professional and business organizations and associations. They are vetted by Parliament and then appointed by the President.

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Is there any relationship between the Kenya Anti-Corruption Advisory
Board and the Commission?

Yes. The Board recommends to Parliament for approval names of persons for appointment as Director, Assistant Directors or acting Assistant Directors of the Commission. Once Parliament approves the names, the President then formally appoints the persons to the various offices for which approval was given by Parliament. The Board has power to recommend the appointment of a Tribunal to remove a Director or Assistant Director. The Board generally advises the Commission on the exercise of its powers and performance of its functions.

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What is the specific mandate of the Commission?

The Commission is mandated under section 7 of the Act to:

  • investigate corrupt conduct and activities;
  •  prevent the occurrence of corrupt practices;
  •  advise public institutions on how to fight corruption;
  •  educate the public on the dangers of corruption;
  •  enlist public support in fighting corruption and economic crime;
  •  facilitate the recovery of ill-gotten wealth.

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When did the Commission become operational?

The Director and his assistants were appointed to the Commission in September 2004. However, the Commission became operational in February 2005 when senior officers reported for duty at the Commission. I became fully operational in August 2005 when the final complement of newly appointed officers reported for duty.

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How does the Commission differ from earlier anti-corruption
agencies?


The earlier agencies formed to fight corruption are the Police Anti-Corruption Squad (1991), the Kenya Anti-Corruption Authority (1997) and the Kenya Anti-Corruption Police Unit (2001). Unlike these earlier agencies, KACC has wide powers to investigate corruption, prevent corrupt conduct, advise public institutions on ways to prevent corruption, educate the public on the dangers of corruption, enlist public support in fighting corruption, and facilitate the recovery of ill-gotten wealth. Further, in the performance of its functions, the Commission is not subject to the direction or control of any other person or authority. The Commission is a statutory body which reports only to Parliament.

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Where is the Commission based?

The Commission is based at Integrity Centre at the Milimani/Valley Road Junction in Nairobi.

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How does the Commission get reports about corruption?

The Commission receives oral and written complaints from members of the public and other institutions. The Commission also investigates cases of corruption on its own motion.

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How can the Commission become more accessible to members of the
public who do not live in Nairobi?


The Commission intends to become more accessible to members of the
public through:

  • the establishment of toll free phones to facilitate reporting by the
    public
  • establishment of regional offices at the provincial level. Mobile report
    centres will be used in the interim before regional offices are
    established;
  • extension of outreach programmes to the public and increasing
    sensitization programmes among the public on the dangers of
    corruption and reporting procedures;
  • development of interactive radio and/or television programmes where
    the public can call in and participate in discussions on corruption.
  • developing online content for KACC website. Members of the
    public will be able to download information from this website. There will
    also be a corruption reporting forum for reports to be received online.

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Does the Commission cooperate with other agencies in carrying out
its mandate?


Yes. Under section 12 of the Anti-Corruption and Economic Crimes Act, the Commission may, in the performance of its functions, work in cooperation with any person or body that it thinks appropriate. The bodies or agencies that the Commission may co-operate with include the Controller and Auditor- General, the Director of the Criminal Investigation Department (CID), Police, Efficiency Monitoring Unit (EMU), the Attorney General’s Office, the Judiciary, Parliament, Department of Governance and Ethics, and the National Anti-Corruption Campaign Steering Committee.

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Is there any guarantee that the Commission will not be wound up
following a change in government?

Yes. The Commission is established by an Act of Parliament and has permanent existence. It therefore can outlive changes in government.

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Is the Commission an independent body?

Yes. The Commission and the Director are not subject to the direction or control of any other person, body or authority in the performance of their functions. This guarantees the Commission and the Director independence and enables them to operate without fear or favour and without any interference.


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What is the relationship between KACC and other Commissions in
Kenya?

KACC has specific mandate to deal with corruption and may cooperate with any other agency, as it deems appropriate, in the discharge of its mandate.

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What are the major milestones achieved by the Commission one ye
since becoming operational?

The Commission has recruited professional staff in all the four Directorate
It has also put in place management systems and structures. The Commission has already referred many cases to the Attorney General with recommendations for prosecution. It is in the process of finalizing its five (5) year Strategic Plan.

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What are the main strategies for the near future that the Commission
has put in place?

The Commission has embarked on a countrywide education programme for public servants to sensitize them on the causes and consequences corruption, and the benefits of preventing corruption. The education programme has also aimed at sensitizing these officers on anti-corruption laws in Kenya.
To this end, the Commission has and continues to coordinate the Public Service Integrity Programme (PSIP). The Commission is also coordinating the finalization of the National Anti-Corruption Plan (NACP).
The Commission has established coalitions and partnerships with institutions with similar objectives. It intends to begin sensitizing members the public on matters of corruption through interactive radio/TV programmes among other initiatives. Another strategy that the Commission has put in place is that investigations and asset tracing as well as the recovery of corruptly improperly gotten assets. The prevention of corrupt conduct or activity in institutions is also another strategy that the Commission has put in place. The Commission intends
achieve this by identifying loopholes that exist in various systems in an organization and giving advice on how to seal these loopholes.

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Does the Commission prosecute cases it investigates?

No. The Anti-Corruption and Economic Crimes Act does not give the Commission the power to prosecute criminal cases. The Commission investigates cases of corruption and economic crime and make recommendations for prosecution to the Attorney General.


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What are the Special Magistrates Courts?

Under section 3 of the Anti-Corruption and Economic Crimes Act, the Judicial Service Commission is empowered to appoint special magistrates to try corruption offences and economic crimes. The main purpose for establishing special magistrates courts was to speedily try and punish offenders found guilty of corruption offences and economic crimes, and to ease the backlog of cases in courts. The special magistrates may, as far as practicable, try cases on a day-to-day basis and may mete out any sentence authorized by law for corruption offences and economic crimes.


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Can a person be prosecuted under the Anti-Corruption and Economic Crimes Act for offences committed before the coming into force of the Act?

Yes. Section 71 of the Anti-Corruption and Economic Crimes Act provides that the Act shall apply to offences committed under the Prevention of Corruption Act (Chapter 65 of the Laws of Kenya, now repealed). Thus, a person who committed a corruption offence under the Prevention of Corruption Act shall be liable to prosecution under the Anti-Corruption and Economic Crimes Act.

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Do Anti-Corruption laws bind Kenyans living outside the Country?

Yes. Under the Anti-Corruption and Economic Crimes Act, a Kenyan national may be brought before Kenyan courts for corruption offences or economic crimes committed in a foreign country if the conduct in question would amount to corruption or economic crimes had it taken place in Kenya.

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Is there any legal protection for people who may assist the Commission in its work?

Yes. It is the civic duty of every Kenyan to stand up against corruption. The law protects informers who may assist the Commission or an investigator in dealing with corruption offences or economic crimes. No action may be taken against informers for their assistance so long as the informer believes the information to be true. There is a move to enact a Whistle Blowers Act so as to protect people who volunteer information about corruption. This will help remove the fear of victimization that people may have should they report corruption


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What are the penalties for corruption offences and economic crimes?

Any person found guilty of corruption offences or economic crimes shall be liable to a fine not exceeding 1,000,000/- or to imprisonment for a period not exceeding ten years or to both the fine and jail term. An additional mandatory fine, if as a result of the corrupt conduct or economic crime, the person received a benefit that can be quantified or measured or any person has suffered a loss that can be quantified or measured. The mandatory fine shall be equal to two times the amount of the benefit or loss described above, or to two times the amount of the benefit and loss described above where the corrupt conduct or economic crime results in both a benefit and a loss.

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Is the person who engages in corrupt conduct or economic crime liable to anyone who might suffer as a result of such conduct?

Yes. A person who engages in corrupt conduct or economic crime is personally liable to anyone who suffers a loss as a result for an amount that would be full compensation for the loss suffered, with interest.

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What are unexplained assets?

Unexplained assets are assets or properties that a person suspected of corruption is unable to satisfactorily account for despite being given a reasonable opportunity by the Commission to do so. Where there is a disproportion between a person’s assets and his income as a public officer, he will be called upon to explain. The Commission has power to call upon any person who is reasonably suspected of corruption or economic crime to provide a full inventory or list of his/her assets and to explain how he/she acquired them. The Commission also has power to require other people, whether or not suspected of corruption, to produce specified records that may be required in an investigation. The Commission may commence court action for the forfeiture of any unexplained assets.

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Is a public officer under a duty to declare his/her wealth?

Yes. Under the Public Officer Ethics Act, a public officer must make a true and correct declaration of his/her incomes, assets and liabilities annually. He/she must also declare all incomes, assets and liabilities of his/her spouses and children below eighteen (18) years of age.


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Are there any penalties for failure to submit a Declaration or making false statements in a Declaration?

Yes. It is an offence under the Public Officer Ethics Act for any public officer not to fully or correctly disclose all incomes, assets and liabilities. Any person who commits this offence is liable to a fine of 1,000,000/- or imprisonment for one year or to both the fine and jail term.


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What can I as an individual do to help fight corruption?

Preventing and fighting corruption is every Kenyan’s responsibility.
Say No to Corruption and report all forms of corruption to the Kenya Anti-Corruption Commission or other law enforcement agencies. You can report corruption:

  • In person to our offices
  • Write or email us
  • Phone or fax us
  • Use Drop-in Boxes
  • Use any method convenient to you.
  • You may report anonymously

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“It is our belief that while investigating and prosecuting perpetrators of corruption is important, in the long run, corruption will only be vanquished through comprehensive prevention and public education strategies and programmes. These will reduce and eliminate opportunities for corruption and inspire behavioural change in our society.”

Hon. Justice Aaron G. Ringera,
Director / Chief Executive
Kenya Anti-Corruption Commission

 
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