ADVOKS GLOBAL · KENYA
Anti-Corruption and Economic Crimes Act
25A. Cessation of investigations
Edition: 2025-08-19 · In force
25A. Cessation of investigations
(1)The Commission may, in consultation with the Cabinet Secretary and the Director of Public Prosecutions, tender an undertaking in a form prescribed by the Cabinet Secretary, not to institute or continue with investigations against any person suspected of an offence under this Act.(2)Where the Commissioner intends to take action as specified in subsection (1), it shall by notice in the daily newspapers invite interested persons to approach it for such an undertaking within a period specified in the notice.(3)An undertaking under this section shall only be made in cases where the suspected person—(a)makes a full and true disclosure of all material facts relating to past corruption or economic crime;(b)through the Commission, pays or refunds to, or deposit with, the Commission for, all persons affected, any property or money irregularly obtained, with interest thereon at a rate prescribed by the Cabinet Secretary;(c)makes reparation to any person affected by his corrupt conduct; and(d)pays for all loss of public property occasioned by his corrupt conduct.(4)The Commission shall publish its intention to make the undertaking by notice in at least two newspapers of national circulation—(a)stating the name of the proposed beneficiary of the undertaking;(b)stating the offence of which the person is suspected;(c)confirming that the person has fulfilled all the conditions set out in subsection (2); and(d)inviting any person with an objection to the proposed undertaking to forward their objections to the Commission within a period specified in the notice.(5)An aggrieved person may object to the proposed undertaking on the grounds that—(a)the suspected person has not fully satisfied the conditions set out in subsection (2); or(b)he has any other evidence relevant under this section which may affect the Commission’s decision regarding the undertaking.(6)The Commission shall consider all objections submitted and shall take such action as may be appropriate in the circumstances.(7)The Commission shall not make any undertaking in respect of corrupt conduct or economic crime which leads to circumstances which cause a danger to public safety, law and order.(8)Any person in respect of whom the Commission makes an undertaking under this section shall be disqualified from holding public office.