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EACC backs Presidential Anti-Corruption Team, affirms independence

NAIROBI, Kenya, Sept 1 – The Ethics and Anti-Corruption Commission (EACC) has confirmed its willingness to collaborate with the Presidential Multi-Agency Team on War Against Corruption (MAT-WAC), while emphasizing that its constitutional independence will remain uncompromised.

In an affidavit filed in the High Court, EACC’s Director of Legal Services and Asset Recovery, David Too, noted that tackling corruption effectively requires coordination across government agencies.

MAT-WAC, established by a presidential proclamation on August 18, 2025, comprises 11 institutions including the Executive Office of the President, Attorney General’s Office, National Intelligence Service, Directorate of Criminal Investigations, Office of the Director of Public Prosecutions, Financial Reporting Centre, Asset Recovery Agency, Kenya Revenue Authority, Central Bank of Kenya, and the Public Procurement Regulatory Authority.

“Independence does not mean acting in isolation from other state organs,” Too said.

“Collaboration creates synergy while leveraging the unique strengths of each entity. This prevents inefficiencies, missed opportunities, and operational failures.”

The affidavit responds to Petition No. E530 of 2025, which challenged MAT-WAC’s legality, claiming its formation contravenes multiple constitutional provisions, including the separation of powers and EACC’s autonomy under Article 249(2) of the Constitution. Petitioners further cited the Ethics and Anti-Corruption Commission Act, Leadership and Integrity Act, and the Anti-Corruption and Economic Crimes Act in support of their claims.

Too emphasized that EACC’s participation is conditional on preserving its independence, noting that both Kenyan law and international conventions, including the United Nations Convention Against Corruption, encourage inter-agency cooperation to strengthen investigations and asset recovery.

The development comes after the High Court on August 20 temporarily halted MAT-WAC’s operations.

Justice Bahati Mwamuye issued conservatory orders following a petition by four individuals, Magare Gikenyi, Eliud Karanja Matindi, Philemon Abuga Nyakundi, and Dishon Keroti Mogire, who argued that the presidential team encroached on EACC’s constitutional mandate.

The case is scheduled for mention on September 9, 2025, to verify compliance with the court orders.

The suspension has sparked debate on balancing executive initiatives with constitutional mandates in Kenya’s anti-corruption fight.

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