Anti-Corruption and Economic Crimes Act

Sets the short title: "the Anti-Corruption and Economic Crimes Act."

Section 2 provides definitions used in the Act (for example: "Advisory Board", "Assistant Director", "benefit", "Commission", "corruption", "public body", "private body", "unexplained assets") and states that possession is deemed to include control.

A person is only qualified for appointment as a Special Magistrate if they are or have been a chief magistrate, a principal magistrate, or an advocate of at least ten years standing.

Special Magistrates are the only officers who shall try the offences specified in this Act; a special Magistrate may try additional offences joined at the same trial, and shall, as far as practicable, hold the trial day-to-day until completion.

Special Magistrates may tender pardons conditioned on full disclosure and may pass any legally authorized sentence on persons they convict.

Section 10 has been repealed by Act No. 22 of 2011, s. 37.

Section 11 has been repealed.

Section 12 has been repealed.

Section 13 was repealed by ActNo. 22 of 2011, s. 37.

Section 14 was repealed by Act No. 22 of 2011, s. 37.

Section 15 has been repealed.

Establishes the Kenya Anti-Corruption Advisory Board and lists organisations and persons who are its members; states that the Second Schedule applies to the Board and its members.

The Advisory Board's principal function is to advise the Commission generally on the exercise of its powers and the performance of its functions under this Act.

The Kenya Anti-Corruption Advisory Board must not be subject to direction or control by any other person or authority and must be accountable only to Parliament.

Section 19 has been deleted by Act No. 18 of 2014 (Schedule).

The Advisory Board must nominate one nominated member as Chairperson and another as Vice-chairperson; the President must appoint those nominated; the Chairperson and Vice-chairperson shall hold office until their term as members expires, subject to earlier resignation or termination.

The Secretary of the Commission appointed under section 16 of the Ethics and Anti-Corruption Act shall serve as the Secretary to the Advisory Board.

Section 22 sets procedures for the Advisory Board: its business is to be conducted under the Third Schedule; the Board may regulate its own procedure (except as the Third Schedule provides); seven nominated members form a quorum; the Board may invite non-voting attendees.

Section 6 was repealed by ActNo. 22 of 2011, s. 37.

Section 7 is repealed.

Section 8 has been repealed.

Section 9 was repealed by ActNo. 22 of 2011, s. 37.

Section 23 allows the Secretary or an authorized person to conduct investigations for the Commission; for investigations they may exercise the Commission's powers and have the powers, privileges and immunities of a police officer, and specified police-related laws apply to them where not inconsistent with this Act.

The Commission must issue identification documentation to investigators; that documentation shall be evidence that the holder is an investigator, and identification must be signed by the Secretary.

If the Ethics and Anti-Corruption Commission declines to investigate or discontinues an investigation before it is concluded, it must inform the complainant in writing of its decision and the reasons.

The Commission may offer an undertaking—in consultation with the Cabinet Secretary and the Director of Public Prosecutions and in a form prescribed by the Cabinet Secretary—not to institute or continue investigations against a suspected person, subject to notice, objections, and conditions; the Commission must invite interested persons by newspaper notice and consider objections, and must not give undertakings that endanger public safety or law and order; persons given undertakings are disqualified from holding public office.

The section requires a statement about a suspects property (what property, when acquired, and how it was acquired); failure to comply is an offence punishable by a fine up to 300,000 shillings or up to three years imprisonment or both; only the Commissions Secretary may exercise the Commissions powers under this section.

Section 27 permits the Ethics and Anti‑Corruption Commission to apply to court for orders and to require persons to provide information or documents about property or persons suspected of corruption; failure to comply is an offence punishable by a fine up to 300,000 shillings, imprisonment up to three years, or both; legal professional privilege is preserved.

Persons may be required to produce records, provide explanations or attend for investigations; the Ethics and Anti-Corruption Commission may require production of property, make copies of records, and issue further time-limited requirements; failure to comply is an offence with fines or imprisonment; legal privilege is preserved.

The Ethics and Anti-Corruption Commission may, with a warrant, enter and search premises for records, property or other things reasonably suspected to be there that were not produced in response to a prior requirement.

If a notice is directed at someone under investigation or charged with corruption or an economic crime, statements, records or information given under that notice cannot be used as evidence against them in criminal proceedings, except if they are charged with knowingly or recklessly giving false information.

When a person is reasonably suspected of corruption or economic crime that is being investigated, the person must surrender their travel documents; courts may return or vary orders and may detain persons who fail to surrender documents.

The Secretary and an investigator have the power to arrest, charge with an offence, and detain any person for investigation, to the same extent as a police officer.

Persons must not disclose investigation details, including identities, except with leave of the Director or other lawful excuse.

Only authorized investigators may represent themselves or act as investigators; other persons must not pretend to be investigators.

After an investigation the Commission must report the results to the Director of Public Prosecutions and the report must include any recommendation that a person be prosecuted for corruption or economic crime.

The Commission must prepare quarterly reports about referrals to the Director of Public Prosecutions and related statistics; provide copies to the Attorney-General; the Attorney-General must lay them before the National Assembly; and the Commission must publish them in the Gazette.

The Director of Public Prosecutions must prepare an annual report on prosecutions for corruption or economic crime and lay it before the National Assembly within the first ten sitting days after year end; the report must include summaries of steps and status of prosecutions and state reasons if the Commission's recommendation to prosecute was not accepted.

Defines "agent" and "principal" and specifies when persons or offices are to be deemed agents for the Government or prescribed principals.

Section 39 has been deleted.

It is prohibited for a person to receive, solicit, give or offer a secret benefit intended as an inducement or reward for giving advice to someone.

An agent who to the detriment of the principal makes a knowingly false or materially misleading statement to the principal, or uses or gives the principal a document the agent knows is false or misleading in any material respect, is guilty of an offence.

Section 42 has been deleted by Act No. 11 of 2025, 3rd Schedule.

Section applies to a benefit described as "any gift, loan, fee, reward, appointment, service, favour, forbearance, promise or other consideration or advantage" that is an inducement or reward for the appointment of a person as a trustee of property.

Section 44 lists conduct treated as bid rigging, including refraining from submitting a tender/proposal/quotation/bid; withdrawing or changing a tender/proposal/quotation/bid; submitting a tender/proposal/quotation/bid with a specified price or specified inclusions/exclusions; and receiving, soliciting, giving or offering certain benefits described in the section.

Section 45 lists conduct that harms public property or revenue and defines "public property" as real or personal property, including money, of a public body or under its control.

Using one's office to improperly grant a benefit to oneself or others is an offence.

It is an offence for a person to deal with property they believe or have reason to believe was acquired through corrupt conduct.

It is an offence for a person to attempt, conspire, or incite another to commit corruption or an economic crime.

An offence under this Part may attract up to a one million shillings fine, up to ten years' imprisonment, or both; and a mandatory additional fine equal to twice any quantifiable benefit or loss (or twice the sum if both benefit and loss occurred).

That a benefit (such as a gift, loan, fee, reward, appointment, service, favour, forbearance, promise or other consideration) is customary in business, office, profession or calling is not a defence to prosecution under this Part.

A person cannot rely on impossibility or lack of intention as a defence.

A person who commits corruption or an economic crime must pay full compensation to anyone who suffers a loss as a result.

Where receipt of an improper benefit constitutes an offence under section 39, liability is to the agent’s principal.

Persons liable under section 51 or 52 must pay interest at the prescribed rate; public bodies or the Commission may recover amounts payable; the Commission may institute civil proceedings to recover such amounts; persons involved in the corruption or economic crime are not entitled to amounts under sections 51 or 52.

On conviction, the court may order payment or transfer of property; if no rightful owner can be determined the court shall order forfeiture to the Government; the court may quantify amounts and a person in whose favour an order is made may enforce it like a civil order.

The Ethics and Anti-Corruption Commission must adduce evidence of unexplained assets; the person whose assets are in question is entitled to cross-examine and exercise defendant rights; the court may require testimony and may order payment to the Government equal to unexplained assets.

The High Court may, on an ex parte application by the Ethics and Anti-Corruption Commission, make an order prohibiting transfer, disposal or other dealing with property suspected to have been acquired through corrupt conduct; orders last six months and may be extended; persons served may apply within fifteen days; contravention is an offence with fines up to two million shillings or imprisonment up to ten years.

The Ethics and Anti-Corruption Commission may, with leave of court, appoint a receiver over property suspected to be acquired through corrupt conduct; the receiver has management, control and possession powers, must keep accounts and report quarterly, and persons served with notice must not deal with the property except by court order; contravening this is an offence with specified fines and imprisonment.

Section 56B allows the Ethics and Anti-Corruption Commission to issue a notice or letter of demand and to negotiate and enter settlements, and requires settlement registration in court.

Any funds recovered by the Commission must be paid into the Consolidated Fund.

The court may take unexplained assets as corroboration that a person accused of corruption or economic crime received a benefit.

If an accused person is proved to have done an act that is an element of a Part V offence alleging corruption, the person shall be presumed to have done the act corruptly unless the contrary is proved.

Certificates signed by a valuation officer are admissible as proof of the value of a benefit or property, and a court shall presume such a certificate is genuine unless evidence shows otherwise; "valuation officer" is defined.

Lists examples of what counts as a benefit and states a person received, solicited or agreed to receive such a benefit from the accused.

A court must presume, unless there is evidence to the contrary, that a certificate purporting to be from an officer of a body is such a certificate.

The Ethics and Anti-Corruption Commission is exempt from execution or attachment, including against its assets, debts, or bank deposits.

A public or state officer charged with corruption or an economic crime must be suspended on half pay from the date of the charge until the case concludes; suspended officers on half pay keep full allowances.

A public officer convicted of corruption or an economic crime is suspended without pay from the date of conviction while appeals are pending, and ceases to be suspended if the conviction is overturned on appeal or as described in subsections (3)(a)–(b).

A person convicted of corruption or economic crime is disqualified from being elected or appointed as a public officer for ten years after the conviction.

Protects persons who assist or disclose information to the Ethics and Anti-Corruption Commission or its investigators by preventing their identification in related prosecutions or proceedings, subject to limited exceptions.

It is an offence for a person to, without lawful excuse, obstruct, assault, threaten, deceive or mislead the Commission or a person acting under the Act; to destroy or conceal potentially relevant documents; or to make false accusations — offenders face a fine up to five hundred thousand shillings or imprisonment up to five years, or both.

A citizen of Kenya commits an offence under this Act for conduct occurring outside Kenya if that conduct would be an offence under the Act if it occurred in Kenya.

The Cabinet Secretary responsible for integrity issues may make regulations to carry out this Act.