Corruption investigations rarely arrive without warning , by the time an individual or organisation is contacted, years of transactions may have been reviewed. If you are drawn into such an investigation, the process has defined stages and institutions, and calm, early advice matters.
Which institutions handle corruption cases in Kenya?
Investigation of corruption and economic crime is undertaken by specialised agencies, and the decision to prosecute rests with the Office of the Director of Public Prosecutions. Trials take place in the courts, and separate proceedings can be brought for the recovery of assets said to be the proceeds of such conduct, in which a court may order forfeiture. The various tracks , prosecution, forfeiture, and disciplinary or professional consequences , can run in parallel.
What does ACECA cover?
The Anti-Corruption and Economic Crimes Act , commonly called ACECA , addresses bribery, abuse of office, and conduct involving dishonesty in the management of public affairs, together with economic crime more broadly. It sits alongside the Bribery Act 2016, which addresses the giving and receiving of bribes in both public and private sectors and, notably, makes an organisation liable where a person associated with it offers or gives a bribe to obtain business or an advantage for the organisation. That preventive angle is why private companies, not only public bodies, take these statutes seriously.
What should you expect if you are investigated?
- Notices requiring statements, records, or the production of documents.
- Interviews at which legal representation should be arranged in advance.
- Possible charges, followed by plea, bail considerations, and trial.
- For organisations, internal reviews of procurement, approvals, and controls.
The presumption of innocence applies at every stage, and cooperation through counsel is generally the soundest course. Businesses can reduce exposure by maintaining clear approvals and record-keeping; our governance and advisory team advises organisations on these controls, and our practice areas page describes the defence and compliance work we undertake. The relevant statutes can be read on Kenya Law, and prosecution procedures are published by the ODPP.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.