NAIROBI — The days of hiding illicit cash in mobile money wallets may be numbered. In a bold move to modernize Kenya’s war on corruption, the Ethics and Anti-Corruption Commission (EACC) is pushing for sweeping new powers to access mobile money statements and call data records, effectively turning every smartphone into a potential witness for the state.

The proposals are the centerpiece of the Anti-Corruption Laws (Amendment) Bill, 2025, which EACC Chairperson David Oginde championed yesterday while releasing the commission’s 2024/2025 annual report. The logic is simple but severe: corruption has gone digital, and the law must catch up.

Closing the Digital Loophole

For years, investigators have been frustrated by the "digital loophole"—the time lag between identifying a suspect and obtaining a court warrant to inspect their mobile transactions. By the time the paperwork clears, the money has often moved through a dozen numbers or been cashed out at a remote agent.

The new Bill, sponsored by Attorney General Dorcas Oduor, seeks to grant the EACC direct authority to compel service providers—like Safaricom and Airtel—to produce account opening documents, transaction logs, and call data records. While a court warrant is still part of the process for freezing assets, the amendments aim to drastically shorten the administrative leash that currently slows down probes.

"This landmark law grants the Commission clearer authority... to detect and address conflicts of interest, one of the most pervasive gateways to corruption," Oginde noted, emphasizing that the goal is to intervene before unethical conduct "escalates into criminality."

The 'Six-Month' Shot Clock

Beyond digital surveillance, the Bill introduces a strict timeline that could revolutionize Kenya’s sluggish judicial process. It proposes that all corruption cases and appeals be concluded within six months. Currently, high-profile graft cases can drag on for over a decade, often ending in acquittals due to lost evidence or witness fatigue.

Key provisions of the Bill include:

• 10-Year Ban: Convicted individuals will be barred from tendering for public contracts for a decade.
• Whistleblower Shield: Enhanced protections for those who report graft, addressing the long-standing fear of retribution that silences potential witnesses.
• DPP Accountability: The Director of Public Prosecutions will be required to report quarterly to Parliament on the status of EACC files, explaining exactly why any case is withdrawn or declined.
• Stiffer Penalties: A fine of up to KES 300,000 or three years in jail for witnesses who snub EACC summons.

Privacy vs. Probity

While the EACC frames these powers as necessary tools, civil rights groups are sounding the alarm. The prospect of state agents sifting through private M-Pesa logs and call histories raises significant privacy concerns in a country where data protection is still a developing field.

Critics argue that without stringent judicial oversight, these powers could be weaponized for political witch-hunts. "Traditionally, only a court order allowed retrieval of private data," noted a legal analyst from the Kenya Human Rights Commission. "Allowing investigators to bypass rigorous checks risks turning the fight against corruption into a fight against privacy."

However, the EACC maintains that the "kadogo" economy of corruption—where bribes are paid in small, digital increments—cannot be policed with analog laws. With the Bill now moving through the legislative pipeline, Parliament faces a delicate balancing act: arming the watchdog without creating a surveillance state.

"These reforms affirm a simple truth," Oginde concluded. "When the policy and legal environment is strengthened, the fight against corruption gains real momentum."