Tensions Emerge Between ODPP and EACC Over Withdrawal of County Graft Cases

Fresh tensions are brewing between Kenya’s two key anti-graft institutions after revelations that the Office of the Director of Public Prosecutions (ODPP) has withdrawn 18 corruption cases tied to county governments without consulting the Ethics and Anti-Corruption Commission (EACC).

The disclosures came as EACC appeared before the Senate County Public Accounts Committee on Wednesday. Lawmakers expressed concern that the pattern of withdrawals could erode confidence in the country’s fight against corruption, particularly at the devolved level where accountability remains a persistent challenge.

Since 2013, the ODPP has terminated county-linked graft prosecutions, including three in Isiolo and one each in Makueni, Tharaka, Turkana, Nakuru, and Nyeri. Senators questioned why such decisions are made without input from the EACC, the body mandated to investigate and file graft cases.

Senator Erick Okong’o Omogeni warned that the disconnect between the two institutions risks creating loopholes for corrupt officials to exploit.
“When you tell us you are not consulted, there seems to be a disconnect between EACC and the DPP. If we sweep these things under the carpet, we will not be assisting the country,” Okong’o said.

The latest controversy comes in the wake of the ODPP’s bid to withdraw charges against former Migori Governor Okoth Obado and several co-accused in a Ksh.505 million graft case, despite EACC’s earlier push to recover over Ksh.1.9 billion. Obado has since agreed to surrender assets worth Ksh.428 million in an out-of-court settlement.

The Senate committee signaled that Parliament could consider legal or constitutional amendments to strengthen EACC’s role in prosecutorial decisions.
“We cannot be treating the war against corruption this casually,” Okong’o added.

Analysts say the fallout reflects deeper institutional misalignment between investigators and prosecutors, a gap that has repeatedly slowed high-profile corruption trials in Kenya. Unless the two agencies work in tandem, experts warn, counties may remain fertile ground for graft, with political settlements replacing courtroom accountability.