The Code of Criminal Procedure, which also applies to corruption and economic crimes, allows a prosecutor and an accused person or his or her legal representative to reach an agreement on the plea.21 The prosecutor will enter into only one agreement: (a) after consultation with the police officer investigating the case; (b) taking due account of the nature and circumstances of the offence, the personal situation of the accused person and the interests of the Community; or (c) unless circumstances do not permit after giving the victim or his or her legal representative an opportunity to comment on the agreement.22 The main enforcement authorities are the EACC, the Criminal Investigation Directorate (DCI), the Office of the Director of Public Prosecutions (ODPP) and the Supreme Court. However, there are other bodies, such as the Asset Recovery Agency (ARA), that play a role in enforcing anti-corruption and corruption laws. Article 2, paragraphs 5 and 6, of the Constitution provide that the general rules of international law shall form part of Kenyan law and that all treaties or conventions ratified by Kenya shall be part of Kenyan law. In this context, Kenya has ratified the following conventions, which are effectively part of Kenya`s corruption laws: A company can be held liable for bribes and corruption offences under ACECA, the Corruption Act and POCAMLA. Kenya has developed a strong legal framework to combat the prevalence of bribery and corruption. The basis of this framework is the Constitution of Kenya (2010), which is the supreme law of the Republic. Article 10 of the Constitution governs kenya`s national values and principles of governance which bind all state bodies, civil servants, public functions and all persons when one of them applies or interprets the Constitution, promulgates, applies or interprets laws, or makes or implements decisions of public order. National governance values and principles include good governance, integrity, transparency and accountability. The EACC, established under the aegis of the EACCA, is the main regulator of corruption. Eacc`s primary mandate was to uphold ethical standards in the public sector. This scope was extended to the private sector by the Corruption Act. Among other things, the EACC has the authority to conduct corruption investigations, either on its own initiative or in response to an individual`s complaint.2 Following an investigation, the EACC must report the outcome of its investigations to the ODPP.3 The report must, where appropriate, include a recommendation to prosecute a person for corruption or white-collar crime. Legislation supporting this crime includes the Anti-Corruption and Economic Crime Act No.

3 of 2003 (AECA), which provides for the prevention, investigation and punishment of corruption and economic crimes (including corruption). The Ethics and Anti-Corruption Commission (EACC) Act 2011 establishes the Ethics and Anti-Corruption Commission, which enforces claims for corruption offences. The Corruption Act has far-reaching effects and the harshest penalties. For example, those convicted of corruption, among other things, face unlimited fines, confiscation of property acquired through such illegal means, and imprisonment for individuals up to 10 years. In addition, those convicted under the law face up to 10 years of suspension from doing business with national or county governments. In addition, convicts are prohibited from holding public office or holding a position of administrator or partnership in private institutions for a maximum period of 10 years. Bribery and corruption have been at the heart of many public and private sector scandals. In the public space, Transparency International`s 2021 Corruption Perceptions Index gave Kenya a score of 30, which is lower than the sub-Saharan average of 33. As of 2016, Kenya has a strong legal framework dealing with the investigation and prosecution of corruption and corruption offences, and there are currently no proposals for reform. However, the Honourable Justice Njoki Ndung`u (who represents the Chief Justice) noted in his keynote address at a stakeholder conference that at the time, a total of 995 cases were pending before special judges and ACEC Division judges of the Supreme Court across the country.

Of these, 310 were corruption cases pending before the Special Court of First Instance, while 685 were civil cases for the recovery of proceeds of corruption, the recovery of public property, the confiscation of unexplained assets and constitutional applications pending before the Supreme Court and the Court of Appeal. It also noted that some cases had been pending before the courts for more than 10 years. To avoid these delays in prosecutions, she noted that the judiciary is committed to: ensuring that anti-corruption courts are automated to ensure real-time transcription of cases and procedures to facilitate expeditious disposition; Establishment of a Rapid Results Initiative (RRA) to eliminate the backlog in anti-corruption cases; and the introduction of process systems and innovations in case management to avoid frequent case postponements.