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EACC Updates, state and public officers have been directed to obtain the approval of the Ethics and Anti-Corruption Commission (EACC) before operating foreign bank accounts.
The Commission has stressed that it is illegal to maintain such accounts without their consent, with stern consequences for those found in violation.
This directive is in accordance with Article 76(2)(a) of the Constitution, coupled with Section 19 of the Leadership and Integrity Act (LIA), 2012, and Regulation 14 of the LIA Regulations, 2015. These regulations explicitly state that state officers cannot open or manage foreign bank accounts without EACC’s approval.
EACC’s CEO, Twalib Mbarak, has expressed concern about the widespread non-compliance with these mandatory regulations among state and public officers, except those serving in diplomatic missions abroad.
Mbarak emphasized that, “State and public officers must be aware that operating a bank account outside Kenya without the Commission’s approval is a violation under Section 19(6) of the Leadership and Integrity Act, 2012. Upon conviction, a state or public officer may face imprisonment for up to five years, a fine not exceeding five million shillings, or both.”
The EACC has clarified that these requirements apply to all foreign bank accounts managed by or under the control of a state officer, even if they are used for temporary purposes such as travel, education, or medical treatment, whether for the officer or another individual, as long as the state officer is the account holder or controller.
