EACC blames ODPP as 18 high-profile corruption cases withdrawn

The EACC now says 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 has 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 So far in 2025, two cases have already been withdrawn,” said Ahmed Mahmoud, CEO of the EACC.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.

The CPAC has now directed the EACC to compile and submit files on withdrawn cases within 14 days. The Senate is also planning to summon both the ODPP and EACC for a joint session to address the growing disconnect in Kenya’s anti-graft war.