EACC wants law changed to allow it retain half of recovered graft proceeds
According to Abdi, if the amendment is approved, the EACC’s budget could increase by Sh2.5 billion annually, supplementing its current allocation amid financial shortfalls.
The Ethics and Anti-Corruption Commission (EACC) now wants Parliament to amend the law to allow it to retain at least 50 per cent of the assets recovered from corruption cases, arguing that the additional funds would help bridge its budget deficit and enhance its operations.
EACC Chief Executive Officer Abdi Mohamud has urged the Senate to support this legislative change, stating that the retained funds would enable the Commission to hire more staff and fast-track investigations.
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According to Abdi, if the amendment is approved, the EACC’s budget could increase by Sh2.5 billion annually, supplementing its current allocation amid financial shortfalls.
The Senate County Public Accounts Committee (CPAC) has backed the proposal, recommending legal reforms to allow the EACC to retain at least half of the more than Sh5 billion it recovers every year.
The Commission currently surrenders all recovered assets to the National Treasury, a practice Abdi criticised, noting that other agencies like the Kenya Revenue Authority (KRA) are permitted to retain a portion of their collections.
“The Commission has consistently recovered significant assets from corruption cases, yet we operate under severe financial constraints. If we could retain a share of what we recover, we would be better positioned to enhance our capacity and expedite our work,” Abdi told the committee on Monday.
EACC Vice Chairperson Monica Wanjiru echoed similar sentiments, highlighting that chronic underfunding has hindered the agency’s effectiveness. She revealed that the EACC currently has only 760 staff members, far below its ideal capacity of 1,569, leading to a backlog of cases dating as far back as 2014.
“With the current staffing and financial limitations, we struggle to process cases efficiently. Many investigations are stalled because we lack the necessary personnel and resources,” Wanjiru said.
Committee Chairperson Moses Kajwang’ expressed concern over the Commission’s financial challenges, pointing out that the EACC received only Sh4 billion in the current financial year despite requesting Sh7 billion.
“With a budget deficit of Sh3 billion, the EACC is operating at only 60 percent of its capacity. We need to strengthen accountability institutions, and allowing the Commission to retain part of the recovered assets is a step in the right direction,” Kajwang’ said.
Nairobi Senator Edwin Sifuna also backed the proposal, arguing that at least 50 per cent of recoveries should be allocated directly to the EACC’s operations. He warned that continued budget cuts would weaken the fight against corruption.
“The Commission cannot be expected to combat corruption effectively when it lacks the resources to do so. Giving them a share of the recovered assets is not just reasonable—it is necessary,” Sifuna said.
Currently, the EACC is handling 184 corruption-related cases forwarded by Senate oversight committees, but many have been delayed due to funding and staffing shortages. Each of its 11 regional offices has only four investigators and two legal officers, a ratio that the Commission says is grossly inadequate to handle the increasing volume of cases.
If the Senate approves the proposed legal amendment, the EACC hopes to use the additional funds to hire more investigators and legal experts, clear its backlog of cases, and intensify its fight against corruption in Kenya.
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