Sheria Mtaani backs ODPP, opposes plan to grant EACC prosecutorial powers

The group warned that proposals to grant prosecutorial powers to the Ethics and Anti-Corruption Commission (EACC) risk undermining key principles within Kenya’s justice system.

It argued that the current legal framework, which separates investigative and prosecutorial functions, is deliberately designed to safeguard public interest and ensure checks and balances.

According to the lobby group, giving EACC the prosecutorial roles would blur critical accountability lines and weaken the integrity of the justice system.

Through its lawyers Danstan Omari, Shadrack Wambui and Stanley Kinyanjui, the group maintained that investigators cannot take on prosecutorial functions without creating legal and constitutional complications.

“A prosecutor is not a witness, and an investigator is a witness. When an EACC investigator purports to prosecute and then take the witness stand, that would be an absurdity. It cannot and has never happened,” lawyer Danstan Omari submitted.

The lawyers also criticised expectations placed on prosecutors to quickly approve investigation files forwarded by agencies.

“The DPP cannot be a rubber stamp. Investigations by the EACC take time, yet there is pressure to approve files within hours,” they said.

The lobby group has said it will move to the High Court to challenge any legislative attempts aimed at reallocating prosecutorial powers from the ODPP to the EACC, seeking constitutional interpretation on whether Parliament can lawfully effect such a change.