By Anderson Ojwang
The back-and-forth accusation between the Ethics and Anti-Corruption Commission (EACC) and the Office of the Director of Public Prosecutions (ODPP) over the delay in the administration of justice went a notch higher after EACC published its quarterly report.
In the EACC quarterly report shared on its social media platforms, it read: “Status of files submitted to DPP for January 1 to March 31, 2026.”
In the report, EACC submitted 35 files to ODPP, of which 30 files they recommended for prosecution, while three EACC recommended for closure, and two were recommended for administrative or other action.
In the chain, EACC is mandated to investigate and then send the files to the DPP, which in turn is expected to review the files and return them to EACC with actions to be taken.
During that quarter, after review of the 30 files that had been sent for prosecution, the DPP recommended only seven for prosecution.
Of the three files that had been sent to ODPP for closure, only one was approved by the DPP for closure, while of the two files which were recommended for administrative or other action, the DPP approved only one.
Interestingly, 15 of the 35 files were still awaiting ODPP’s advice; this accounts for 43 percent of the files that ODPP has failed to act on in the first quarter.
Last year in September, eighteen high-profile graft cases from 15 counties were withdrawn by the Office of the Director of Public Prosecutions (ODPP) since 2013, despite the Ethics and Anti-Corruption Commission (EACC) submitting what it insists were watertight investigation files.
The EACC claimed its lack of prosecutorial powers has severely undermined its ability to hold corrupt officials accountable and recover stolen public funds.
A long-standing turf war between the EACC and the ODPP resurfaced, as the latest report to the Senate County Public Accounts Committee (CPAC) reveals how completed graft investigations have repeatedly stalled at the prosecution stage.
“The major withdrawals happened between 2023 and 2024, with five and seven cases dropped respectively. So far in 2025, two cases have already been withdrawn,” said Ahmed Mahmoud, CEO of the EACC.
According to the EACC, the trend not only weakens public confidence in anti-corruption efforts but also wastes significant resources invested in investigations, especially when cases are dropped without proper consultation.
Senators have questioned the rationale behind the ODPP’s decisions, raising concerns about transparency and the lack of collaboration between the two key institutions.
“I’m looking at a situation where the ODPP is not just terminating a case but claims to have recovered the stolen funds. How does the ODPP manage to recover money without prosecuting?” asked Samson Cherargei, Nandi Senator.
“Even if the DPP has the legal authority, does he understand the resources spent on these investigations? How does he just withdraw a case without engaging the investigating agency?” posed Fatuma Dullo, Isiolo Senator.
In response, the EACC is urging lawmakers to consider amending the law to grant the commission prosecutorial powers, arguing that doing so would lead to more consistent and successful outcomes in court.
“It would be better if we were allowed to pursue civil recovery independently. As the CEO mentioned, our success rate in asset recovery through civil cases is impressive,” said David Oginde, Chairperson of the EACC.
“The ODPP can do what he wants with a criminal case, as long as the court agrees. But in many cases, if the prosecutor won’t prosecute, there’s little the court can do,” added Mahmoud.
