EACC and DCI gets more powers on asset forfeiting and recovery

Police investigation and asset recovery.

The Ethics and Anti-Corruption Commission(EACC) and Directorate of Criminal Investigation(DCI) received more powers after the ruling regarding the recovery of unexplained assets from public officers.



The Supreme Court decision means that any asset held by a public officer and is not proportional to his legitimate source of income will be examined to have been obtained through corruption.


The Supreme Court made a ruling in a case that had been filed by former National Water Conservation and Pipeline Corporation Finance Manager, Mr Stanley Mombo Amuti attempting to reverse the Court of Appeal decision challenging the public officers to explain how they acquired their wealth.


Mr Amuti had earlier been served with a notification asking him to present a statement of his property as per Section 26 of Anti-corruption and Economic Crime Act (ACECA) 2003.



In 2019, the Court of Appeal judges Gatembu Kairu, Phillip Waki and Otieno Odek found that Amuti’s contestation that the lower court failed in applying and understanding Sections 26 and 55 of the Anti-Corruption and Economic Crimes Act had no merit.


Mr Amuti explained that at his position, he was able to obtain multi-million shilling properties given his over a 25-year career in the civil service.


He said the EACC narrowed its period of investigations to 10 months from June 2008 when Sh140 million was sent to his accounts and Sh85 million was withdrawn.


The High Court had ordered that the asset be relinquished to the government.



EACC Chief Executive Officer Twalib Mbarak said the landmark ruling came at a time when the Parliament is considering Lifestyle Audit Bill, 2019.