Court to Rule on EACC’s Prosecution Powers in Landmark Case
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The Anti-Corruption Court, led by Chief Magistrate Harrison Baraza, will on Tuesday decide whether the Ethics and Anti-Corruption Commission (EACC) has the legal authority to prosecute cases.
Lawyers, including Senior Counsel Dr. John Khaminwa, Danstan Omari, Sam Nyaberi, Cliff Ombeta, and Martina Swigah, argue that the Office of the Director of Public Prosecutions (DPP) holds exclusive prosecutorial powers, while the EACC is limited to investigations.
“The EACC, like other investigative agencies, cannot prosecute cases in court—that is the DPP’s mandate,” said Omari.
The debate arises from a case involving Thika Law Courts Magistrate Stella Atambo, who has sought court orders to stop the EACC from investigating, arresting, or prosecuting her over alleged corruption.
On Monday, High Court Judge Chacha Mwita barred the EACC, DPP, and DCI from taking any action against Atambo pending the ruling.
The ruling on Tuesday could set a precedent on the extent of EACC’s authority in legal proceedings.
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