ADVOKS GLOBAL · KENYA
Ethics and Anti-Corruption Commission Act
11. Additional functions of the Commission
Edition: 2025-08-19 · In force
11. Additional functions of the Commission
(1)In addition to the functions of the Commission under Article 252 and Chapter Six of the Constitution, the Commission shall—(a)in relation to State officers,—(i)develop and promote standards and best practices in integrity and anti-corruption;(ii)develop a code of ethics;(b)work with other State and public offices in the development and promotion of standards and best practices in integrity and anti-corruption;(c)receive complaints on the breach of the code of ethics by public officers;(d)investigate and recommend to the Director of Public Prosecutions the prosecution of any acts of corruption, bribery or economic crimes or violation of codes of ethics or other matter prescribed under this Act or any other law enacted pursuant to Chapter Six of the Constitution;(e)recommend appropriate action to be taken against State officers or public officers alleged to have engaged in unethical conduct;(f)oversee the enforcement of codes of ethics prescribed for public officers;(g)advise, on its own initiative, any person on any matter within its functions;(h)raise public awareness on ethical issues and educate the public on the dangers of corruption and enlist and foster public support in combating corruption but with due regard to the requirements of the Anti-Corruption and Economic Crimes (Cap. 65) as to confidentiality;(i)subject to Article 31 of the Constitution, monitor the practices and procedures of public bodies to detect corrupt practices and to secure the revision of methods of work or procedures that may be conducive to corrupt practices;(j)institute and conduct proceedings in court for purposes of the recovery or protection of public property, or for the freeze or confiscation of proceeds of corruption or related to corruption, or the payment of compensation, or other punitive and disciplinary measures including proceedings for the recovery of property or proceeds of corruption located outside Kenya; and(k)perform any other functions and exercise any other powers conferred by an Act of Parliament.(3)The Commission may cooperate and collaborate with other State organs and agencies and any foreign government or international or regional organisation in the prevention and investigation for corruption.(3A)State agencies and organs referred to in subsection (3) may grant the Commission access to relevant information in the prevention and investigation of economic crime.(4)The Commission shall have all powers necessary or expedient for the efficient and effective execution of its functions, under the Constitution, this Act or any other written law.(5)The Commission may request and obtain professional assistance or advice from such persons or organizations as it considers appropriate.(6)The functions of the Commissioners shall be to—(a)assist the Commission in policy formulation and ensure that the Commission and its staff, including the Secretary perform their duties to the highest standards possible in accordance with this Act;(b)give strategic direction to the Commission in the performance of its functions as stipulated in this Act;(c)establish and maintain strategic linkages and partnerships with other stakeholders in the rule of law and other governance sector;(d)deal with reports, complains of abuse of power; impropriety and other forms of misconduct on the part of the commission or its staff; and(e)deal with reports of conduct amounting to maladministration, including but not limited to delay in the conduct of investigations and unreasonable invasion of privacy by the Commission or its staff.(7)The Commissioners shall meet at least once every quarter or as often as the need arises for the execution of their functions.