EACC to get powers to access bank accounts, call records in new bill

The Anti-Corruption Laws (Amendment) Bill, 2025, sponsored by Attorney General Dorcas Oduor, seeks to amend the Anti-Corruption and Economic Crimes Act and hand EACC new powers when investigating graft-related cases. 

The Act originally handed EACC powers to search a suspect's premises, while armed with a search warrant, for any property, or records believed not to have been produced to the commission. 

In the new bill, the purview now extends to investigating bank accounts, mobile money accounts and call data.

The commission can also request the production of a suspect's account opening documents, transaction documents, banker's books, or any information relevant to the investigation. 

"In an application for a warrant for the purposes of subsection (1), the Commission may seek an order prohibiting the transfer or dealing with the funds in the accounts specified in subsection (1) for thirty days," the bill reads in part. 

The AG also seeks to compel witnesses to honour EACC summons by visiting the commission's offices or a police station to provide information relevant to the investigation. 

Upon conviction, anyone who fails to comply is liable to a fine not exceeding Ksh.300,000 or a jail term not exceeding three years or both. 

If approved, the bill will also require the Director of Public Prosecutions (DPP) to prepare quarterly reports to Parliament listing the number of investigations reports submitted by the Commission and their outcomes. 

If the DPP withdraws or fails to initiate prosecution after receiving EACC's report, the Director will be required to detail the reasons.

The quarterly reports shall be published in the Gazette and submitted to the National Assembly after publication. 

Any person or organisation that is convicted of a graft-related offence, in addition to either facing jail term or paying fines or both, will be debarred for ten years. 

The bill is currently undergoing public participation as the Office of the Attorney General has invited Kenyans to submit comments on the official email: amendmentbill2025@ag.go.ke by February 14, 2025.