NIA Challenges the Constitutionality of Multi-Agency Team, Calls for the Protection of Independence of AntiCorruption Institutions
PRESS STATEMENT FOR IMMEDIATE RELEASE
Date: 20th August 2025
Today, the National Integrity Alliance (NIA) filed a constitutional petition (E532 OF 2025) at the High Court challenging the constitutionality of the Multi-Agency Team on War against Corruption (MAT). Subsequently, in the interim, Hon. Chacha Mwita J. issued conservatory orders suspending the Presidential Proclamation that establishes MAT, thereby suspending implementation of the Multi Agency Team.
We strongly and unequivocally condemn the establishment of MAT, whose formation and purported mandate have compelled the Alliance to seek legal redress. We hold that its creation lacks a constitutional and legal foundation and threatens the independence of critical constitutional and statutory bodies.
Under Article 79 of the Constitution, the Ethics and Anti-Corruption Commission (EACC) has been established as the independent agency mandated to combat and prevent corruption and unethical conduct in Kenya through enforcement, education, and preventive strategies.
EACC is a constitutional commission that operates independently and is not subject to direction or control by any person or authority, in accordance with Article 249(2)(b) of the Constitution, and therefore its inclusion as part of MAT risks denying and interfering in its independence to achieve its constitutional mandate.
Similarly, the Office of the Director of Public Prosecutions (DPP) established under Article 157 of the Constitution and further governed by the Office of the Director of Public Prosecutions Act, 2013 has the sole authority to institute and undertake criminal proceedings against any person before any court, including public officials. The constitutional office is independent and not subject to the control or direction of any person or authority, including the Executive vide MAT, under Article 157(10).
According to the Proclamation, the Executive Office of the President is designated to chair the MAT, while the Office of the Attorney General will lead its Secretariat. The MAT comprises both constitutional and statutory agencies that are, by law, required to operate independently and free from external influence;
Constitutional bodies;
1. Office of the Director of Public Prosecutions (ODPP)
2. Ethics And Anti-Corruption Commission (EACC) Statutory bodies;
3. Public Procurement Regulatory Authority (PPRA)
4. Central Bank of Kenya (CBK)
5. Kenya Revenue Authority (KRA)
6. Financial Reporting Centre (FRC)
7. Asset Recovery Agency (ARA)
8. National Intelligence Service (NIS)
9. Directorate of Criminal Investigations (DCI)
We object to the creation of MAT for the following key reasons;
1. It undermines the constitutional principle of separation of powers and compromises the independence of the listed agencies. These institutions were established to serve the public impartially and are not intended to operate under the direct control of the Executive. The President’s move to have this team chaired by his Office raises serious ethical and legal concerns should investigations pertain to him or individuals in his Office. It introduces an alarming possibility of political interference in investigations and prosecutions.
2. The Proclamation’s claim that this move is in the public interest contradicts Article 132 of the Constitution and appears to be a means of shielding certain individuals from accountability. The recent findings by the Auditor General including those exposing irregular procurement practices involved in the Social Health Authority (SHA) smart system and questionable transactions on the eCitizen platform further stress the need for independent, unbiased scrutiny of public offices, not executive-led coordination of oversight bodies.
3. The MAT has no legal basis; it is not anchored in any legislation, which renders its creation not only irregular but also unconstitutional. Its operations cannot be legitimized without a proper legal framework passed through Parliament.
4. On funding, the proclamation states that “the team shall be funded from the budgetary allocations of its member entities and other sources.” However, it fails to specify what these "other sources" are, raising serious concerns about transparency and accountability. The proposed funding framework is not linked to any identifiable or approved budget, making it impossible to track the flow of public funds. This lack of clarity opens the door to potential misuse and misappropriation of resources. More troubling is the apparent opacity surrounding the financing, only the President appears to know where the funds will originate. This is in direct violation of Article 201 of the Constitution, which demands that public finance be managed openly and accountably.
As the National Integrity Alliance;
1. We demand that the institutional independence of all constitutional and statutory bodies listed under the MAT be respected and preserved, in accordance with the Constitution. These agencies must be allowed to operate free of executive influence or interference.
2. We call for the immediate revocation of the Proclamation to restore proper legal and institutional order, especially since it lacks any legal basis.
3. We state that if the fight against corruption is indeed a priority, the President should focus on strengthening the existing enforcement capacities of agencies through adequate resourcing, policy support, ensuring full implementation of the Constitution and legislation by the Executive and respecting their autonomy to execute their mandates instead of attempting to coordinate or control them through an unconstitutional entity.
4. We call on the Executive to refrain from encroaching on the mandates of independent offices and commissions. The Constitution clearly outlines the roles and limits of each arm of government, and any breach threatens democratic governance.
5. We demand respect and obedience of the court order issued on Wednesday 20th August 2025 by Hon. Justice Chacha Mwita, as highlighted above. This ruling affirms the constitutional concerns raised by NIA and underscores the urgent need to safeguard the independence of established oversight institutions.
THENATIONAL INTEGRITY ALLIANCE(NIA) The National Integrity Alliance (NIA) is a citizen-centered integrity and anti-corruption coalition comprising The Youth Cafe, Transparency International Kenya (TI-Kenya), Inuka Kenya Ni Sisi! The Kenya Human Rights Commission (KHRC) and The Institute of Social Accountability (TISA). NIA seeksto breathe life into the constitutional promise on Integrity by catalyzing frontline ethics and anti-corruption institutions, and active citizens to Detect, Deter, Disrupt and Defeat corruption at all levels of society. www.theyouthcafe.com | : RedCardKE | #RadaNiIntegrity For media inquiries, please contact media@theyouthcafe.com or info@theyouthcafe.com