The Anti-Corruption Court in Milimani ruled on Wednesday that the Ethics and Anti-Corruption Commission (EACC), an independent body established under Article 79 of the Constitution with the mandate to investigate corruption, economic crimes, and ethical breaches, has the right to stand in court.
While dismissing an application by the Chief Magistrate of Thika Law Courts, Hon. Atambo, that sought to bar the Commission from having a standing in Court other than through the Director of Public Prosecutions, Chief Magistrate Hon. Harrison Barasa ruled that there was no compelling reason in the application to find that EACC has no standing.
This ruling pertains to the search orders that the Commission obtained against Hon. Atambo on March 12, 2025, and successfully executed on March 13, 2025, following complaints that she demanded and received bribes from accused persons in criminal cases before her. The search yielded Sh2.07 million in cash from Atambo’s residence, suspected to have been solicited from accused persons.
In an inter-partes hearing before Hon. Barasa on the validity of the search orders that EACC obtained against Hon. Atambo, her counsel argued that the Commission could not stand in Court other than through the Director of Public Prosecutions. EACC countered that search warrants are investigative tools and should not be interpreted as criminal proceedings. It further stated that only after conducting investigations is it required by law, under section 11 1(d) and Section 35 of the EACC Act, to forward the investigation results to the DPP.
The Court agreed with the Commission and ruled that, indeed, as an investigative body, EACC has standing before Court. The Court further ruled that locus is a right which no party should be denied without proper justification, that EACC has the mandate to investigate corruption and economic crimes, and that the warrants application was obtained in the course of an investigation by EACC.
Hon. Barasa also agreed with the Commission that it had not encroached on the DPP’s mandate, as outlined in Article 157 of the Constitution, and that the DPP and EACC’s mandates are distinct—one being a Prosecution Agency and the other an Investigative Agency.
The Court also ruled that EACC Counsel have the right to practice and appear on behalf of the Commission as they hold practicing certificates.
– By Ouma Ojango
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