Anti-Corruption and Economic Crimes Act

Section 1. Short title Section This Act may be cited as the Anti-Corruption and Economic Crimes Act.

Section 2. Interpretation Section 2(1) In this Act, unless the context otherwise requires— "Advisory Board" means the Kenya Anti-Corruption Advisory Board established under Part III; "Assistant Director" means an Assistant Director of the Commission ("the Ethics and Anti-Corruption Commission established under section 3 of the Ethics and Anti-Corruption Commission Act (), pursuant to Article 79 of the Constitution;") ; "benefit" means any gift, loan, fee, reward, appointment, service, favour, forbearance, promise or other consideration or advantage; "Cabinet Secretary" means the Cabinet Secretary responsible for integrity issues; "Commission" means the Ethics and Anti-Corruption Commission established under section 3 of the Ethics and Anti-Corruption Commission Act ( Cap. 7H ), pursuant to Article 79 of the Constitution; "corruption" means— (a) an offence under any of the provisions of sections 39 , 44 , 46 and 47 ; (b) bribery; (c) fraud; (d) embezzlement or misappropriation of public funds; (e) abuse of office; (f) breach of trust; or (g) an offence involving dishonesty— (i) in connection with any tax, rate or impost levied under any Act; or (ii) under any written law relating to...

Section 3. Power to appoint special magistrates Section 3(1)(a) corruption , bribery and economic crimes and related offences; and Section 3(1)(b) any conspiracy to commit or any attempt to commit or any abetment of any of the offences specified in paragraph (a). Section 3(2) A person shall not be qualified for appointment as a Special Magistrate under this Act unless he is or has been a chief magistrate or a principal magistrate or an advocate of at least ten years standing. [Act No. 7 of 2007 , Sch., Act No. 47 of 2016 , s. 26.]

Section 4. Cases triable by special Magistrates Section 4(1) Notwithstanding anything contained in the Criminal Procedure Code ( Cap. 75 ), or in any other law for the time being in force, the offences specified in this Act shall be tried by special Magistrates only. Section 4(2) Every offence specified in this Act shall be tried by the special Magistrate for the area within which it was committed, or, as the case may be, by the special Magistrate appointed for the case, or where there are more special Magistrates than one for such area, by one of them as may be specified in this behalf by the Chief Justice. Section 4(3) When trying any case, a special Magistrate may also try any offence, other than an offence specified in this Act, with which the accused may, under the Criminal Procedure Code ( Cap. 75 ), be charged at the same trial. Section 4(4) Notwithstanding anything contained in the Criminal Procedure Code ( Cap. 75 ), a special Magistrate shall, as far as practicable, hold the trial of an offence on a day-to-day basis until completion. [Act No. 7 of 2007 , Sch.]

Section 5. Procedure and powers of special Magistrates Section 5(1) A special Magistrate may, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in, or privy to, an offence, tender a pardon to such person on condition of his making a full and true disclosure of the whole circumstance within his knowledge relating to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof and any pardon so tendered shall be a pardon for purposes of section 77(6) of the Constitution. Section 5(2) The provisions of the Criminal Procedure Code, ( Cap. 75 ) and the Magistrates’ Courts Act ( Cap. 10 ) shall, so far as they are not inconsistent with this Act, apply to the proceedings before a special Magistrate; and for the purposes of the said provisions, the Court of the special Magistrate shall be deemed to be a court and the person conducting a prosecution before a special Magistrate shall be deemed to be a public prosecutor. Section 5(3) A special Magistrate may pass upon any person convicted by him any sentence authorized by law for the punishment of the offence of which such person is convict...

Section 6.[Repealed by ActNo. 22 of 2011, s. 37.]

Section 7.[Repealed by ActNo. 22 of 2011, s. 37.]

Section 8.[Repealed by ActNo. 22 of 2011, s. 37.]

Section 9.[Repealed by ActNo. 22 of 2011, s. 37.]

Section 10.[Repealed by ActNo. 22 of 2011, s. 37.]

Section 11.[Repealed by ActNo. 22 of 2011, s. 37.]

Section 12.[Repealed by ActNo. 22 of 2011, s. 37.]

Section 13.[Repealed by ActNo. 22 of 2011, s. 37.]

Section 14.[Repealed by ActNo. 22 of 2011, s. 37.]

Section 15.[Repealed by ActNo. 22 of 2011, s. 37.]

Section 16. Establishment ofAdvisory Board Section 16(1) The Kenya Anti-Corruption Advisory Board ("the Kenya Anti-Corruption Advisory Board established under Part III;") is hereby established. Section 16(2)(a) the Law Society of Kenya; Section 16(2)(a)(i) the Law Society of Kenya; Section 16(2)(a)(ii) the Institute of Certified Public Accountants of Kenya; Section 16(2)(a)(iii) the International Federation of Women Lawyers (FIDA) Kenya Chapter; Section 16(2)(a)(iv) the Kenya Association of Manufacturers; Section 16(2)(a)(v) the joint forum of religious organizations described in subsection (3); Section 16(2)(a)(vi) the Federation of Kenya Employers; Section 16(2)(a)(vii) the Kenya Bankers Association; Section 16(2)(a)(viii) the Central Organisation of Trade Unions; Section 16(2)(a)(ix) the Association of Professional Societies in East Africa; Section 16(2)(a)(x) the Architectural Association of Kenya; Section 16(2)(a)(xi) the Institution of Engineers of Kenya; and Section 16(2)(a)(xii) the Kenya Medical Association; and Section 16(2)(b) the Director . Section 16(3)(a) the Supreme Council of Kenya Muslims; Section 16(3)(b) the Kenya Episcopal Conference; Section 16(3)(c) the Nation...

Section 17. Functions ofAdvisory Board Section 17(1) The principal function of the Advisory Board ("the Kenya Anti-Corruption Advisory Board established under Part III;") is to advise the Commission ("the Ethics and Anti-Corruption Commission established under section 3 of the Ethics and Anti-Corruption Commission Act (), pursuant to Article 79 of the Constitution;") generally on the exercise of its powers and the performance of its functions under this Act. Section 17(2) The Advisory Board ("the Kenya Anti-Corruption Advisory Board established under Part III;") shall have such other functions as may be conferred on it by or under this Act.

Section 18. Independence ofAdvisory Board Section In the performance of its functions, the Advisory Board ("the Kenya Anti-Corruption Advisory Board established under Part III;") shall not be subject to the direction or control of any other person or authority and shall be accountable only to Parliament.

Section 19.[Deleted by ActNo. 18 of 2014, Sch.]

Section 20. Chairperson and Vice-chairperson Section 20(1) The Advisory Board ("the Kenya Anti-Corruption Advisory Board established under Part III;") shall nominate one of its nominated members to be the Chairperson of the Advisory Board ("the Kenya Anti-Corruption Advisory Board established under Part III;") and another of its nominated members to be its Vice-chairperson. Section 20(2) The members so nominated shall be appointed to their respective offices by the President. Section 20(3) Subject to an earlier resignation or termination, the Chairperson and Vice-chairperson shall each hold office until his current term as a member of the Advisory Board ("the Kenya Anti-Corruption Advisory Board established under Part III;") expires.

Section 21.SecretarytoAdvisory Board Section The Secretary ("the Secretary of the Commission appointed under section 16 of the Ethics and Anti-Corruption Act ());") of the Commission ("the Ethics and Anti-Corruption Commission established under section 3 of the Ethics and Anti-Corruption Commission Act (), pursuant to Article 79 of the Constitution;") appointed under section 16 of the Ethics and Anti-Corruption Act ( Cap. 7H ) shall be the Secretary to the Advisory Board. [Act No. 18 of 2014 , Sch.]

Section 22. Procedures of theAdvisory Board Section 22(1) The business and affairs of the Advisory Board ("the Kenya Anti-Corruption Advisory Board established under Part III;") shall be conducted in accordance with the Third Schedule. Section 22(2) Except as provided in the Third Schedule, the Advisory Board ("the Kenya Anti-Corruption Advisory Board established under Part III;") may regulate its own procedure. Section 22(3) Seven nominated members of the Advisory Board ("the Kenya Anti-Corruption Advisory Board established under Part III;") shall constitute a quorum for the transaction of any business of the Board. Section 22(4) The Advisory Board ("the Kenya Anti-Corruption Advisory Board established under Part III;") may invite any person to attend any of its meetings and to participate in its deliberations, but such an invitee shall not have a vote in any decision of the Board.

Section 23. Investigators Section 23(1) The Secretary ("the Secretary of the Commission appointed under section 16 of the Ethics and Anti-Corruption Act ());") or a person authorized by the Secretary ("the Secretary of the Commission appointed under section 16 of the Ethics and Anti-Corruption Act ());") may conduct an investigation on behalf of the Commission ("the Ethics and Anti-Corruption Commission established under section 3 of the Ethics and Anti-Corruption Commission Act (), pursuant to Article 79 of the Constitution;") . Section 23(2) Except as otherwise provided by this Part, the powers conferred on the Commission ("the Ethics and Anti-Corruption Commission established under section 3 of the Ethics and Anti-Corruption Commission Act (), pursuant to Article 79 of the Constitution;") by this Part may be exercised, for the purposes of an investigation, by the Secretary ("the Secretary of the Commission appointed under section 16 of the Ethics and Anti-Corruption Act ());") or an investigator ("a person authorized by the Director underto conduct an investigation on behalf of the Commission;") . Section 23(3) For the purposes of an investigation, the Secretary ("the Secretary...

Section 24. Identification for investigators Section 24(1) The Commission ("the Ethics and Anti-Corruption Commission established under section 3 of the Ethics and Anti-Corruption Commission Act (), pursuant to Article 79 of the Constitution;") shall issue identification documentation to an investigator ("a person authorized by the Director underto conduct an investigation on behalf of the Commission;") and such identification shall be evidence that the person to whom it is issued is an investigator ("a person authorized by the Director underto conduct an investigation on behalf of the Commission;") . Section 24(2) The identification documentation issued by the Commission ("the Ethics and Anti-Corruption Commission established under section 3 of the Ethics and Anti-Corruption Commission Act (), pursuant to Article 79 of the Constitution;") shall be signed by the Secretary ("the Secretary of the Commission appointed under section 16 of the Ethics and Anti-Corruption Act ());") . [Act No. 18 of 2014 , Sch.]

Section 25. Complaint not investigated Section If the Commission ("the Ethics and Anti-Corruption Commission established under section 3 of the Ethics and Anti-Corruption Commission Act (), pursuant to Article 79 of the Constitution;") receives a complaint concerning corrupt conduct on the part of any person and the Commission ("the Ethics and Anti-Corruption Commission established under section 3 of the Ethics and Anti-Corruption Commission Act (), pursuant to Article 79 of the Constitution;") declines to investigate or discontinues its investigation before the investigation is concluded, the Commission ("the Ethics and Anti-Corruption Commission established under section 3 of the Ethics and Anti-Corruption Commission Act (), pursuant to Article 79 of the Constitution;") shall inform the complainant in writing of its decision and of the reasons for its decision.

Section 26. Statement of suspect’s property Section 26(1)(a) enumerating the suspected person’s property and the times at which it was acquired; and Section 26(1)(b) stating, in relation to any property that was acquired at or about the time of the suspected corruption or economic crime , whether the property was acquired by purchase, gift, inheritance or in some other manner, and what consideration, if any, was given for the property. Section 26(2) A person who neglects or fails to comply with a requirement under this section is guilty of an offence and is liable on conviction to a fine not exceeding three hundred thousand shillings or to imprisonment for a term not exceeding three years, or to both. Section 26(3) The powers of the Commission ("the Ethics and Anti-Corruption Commission established under section 3 of the Ethics and Anti-Corruption Commission Act (), pursuant to Article 79 of the Constitution;") under this section may be exercised only by the Secretary ("the Secretary of the Commission appointed under section 16 of the Ethics and Anti-Corruption Act ());") . [Act No. 7 of 2007 , Sch., Act No. 18 of 2014 , Sch.]

Section 27. Requirement to provide information, etc. Section 27(1) The Commission ("the Ethics and Anti-Corruption Commission established under section 3 of the Ethics and Anti-Corruption Commission Act (), pursuant to Article 79 of the Constitution;") may apply ex parte to the court for an order requiring an associate of a suspected person to provide, within a reasonable time specified in the order, a written statement stating, in relation to any property specified by the Secretary ("the Secretary of the Commission appointed under section 16 of the Ethics and Anti-Corruption Act ());") , whether the property was acquired by purchase, gift, inheritance or in some other manner, and what consideration, if any, was given for the property. Section 27(2) In subsection (1), "associate of a suspected person" means a person, whether or not suspected of corruption or economic crime , who the investigator ("a person authorized by the Director underto conduct an investigation on behalf of the Commission;") reasonably believes may have had dealings with a person suspected of corruption or economic crime . Section 27(3) The Commission ("the Ethics and Anti-Corruption Commission established unde...

Section 28. Production of records and property Section 28(1)(a) require a person, whether or not suspected of corruption or economic crime , to produce specified records in his possession that may be required for an investigation; and Section 28(1)(b) require that person or any other to provide explanations or information within his knowledge with respect to such records, whether the records were produced by the person or not. Section 28(2) A requirement under subsection (1)(b) may include a requirement to attend personally to provide explanations and information. Section 28(3) A requirement under subsection (1) may require a person to produce records or provide explanations and information on an ongoing basis over a period of time, not exceeding six months. Section 28(4) The six month limitation in subsection (3) does not prevent the Commission ("the Ethics and Anti-Corruption Commission established under section 3 of the Ethics and Anti-Corruption Commission Act (), pursuant to Article 79 of the Constitution;") from making further requirements for further periods of time as long as the period of time in respect of which each requirement is made does not exceed six months. Section...

Section 29. Search of premises Section 29(1) The Commission ("the Ethics and Anti-Corruption Commission established under section 3 of the Ethics and Anti-Corruption Commission Act (), pursuant to Article 79 of the Constitution;") may, with a warrant, enter upon and search any premises for any record, property or other thing reasonably suspected to be in or on the premises and that has not been produced by a person pursuant to a requirement under the foregoing provisions of this Part. Section 29(2) The power conferred by this section is in addition to, and does not limit or restrict, a power conferred by section 23 (9) or by any other provision of this Part.

Section 30. Admissibility of things produced or found Section Where the notice is directed at a person under investigation or a person who has been charged with an offence of corruption or an economic crime , any statement, record or information, given pursuant to such notice, shall not be given in evidence against such person in any criminal proceedings except where such person is charged with knowingly or recklessly giving false information. [Act No. 7 of 2007 , Sch.]

Section 31. Surrender of travel documents Section 31(1)(a) the person is reasonably suspected of corruption or economic crime ; and Section 31(1)(b) the corruption or economic crime concerned is being investigated. Section 31(2)(a) shall return the documents after the investigation of the corruption or economic crime concerned is completed, if no criminal proceedings are to be instituted; and Section 31(2)(b) may return the documents, at its discretion, either with or without conditions to ensure the appearance of the person. Section 31(3) A person against whom an order under subsection (1) is made may apply to the court to discharge or vary the order or to order the return of his travel documents and the court may, after hearing the parties, discharge or vary the order, order the return of the travel documents, or dismiss the application. Section 31(4) If a person fails to surrender his travel documents pursuant to an order under subsection (1), the person may be arrested and brought before the court and the court shall, unless the court is satisfied that the person does not have any travel documents, order that the person be detained pending the conclusion of the investigation of...

Section 32. Arrest of persons Section Without prejudice to the generality of section 23 (3), the Secretary and an investigator shall have power to arrest any person for and charge them with an offence, and to detain them for the purpose of an investigation, to the like extent as a police officer. [Act No. 18 of 2014 , Sch.]

Section 33. Disclosure that may affect investigation Section 33(1) No person shall, except with leave of the Director or with other lawful excuse, disclose the details of an investigation under this Act, including the identity of anyone being investigated. Section 33(2) A person who contravenes this section is guilty of an offence and is liable on conviction to a fine not exceeding three hundred thousand shillings or to imprisonment for a term not exceeding three years, or to both.

Section 34. Impersonatinginvestigator Section 34(1) No person other than an investigator ("a person authorized by the Director underto conduct an investigation on behalf of the Commission;") shall represent himself to be or act as an investigator ("a person authorized by the Director underto conduct an investigation on behalf of the Commission;") . Section 34(2) A person who contravenes this section is guilty of an offence and is liable on conviction to a fine not exceeding three hundred thousand shillings or to imprisonment for a term not exceeding three years, or to both.

Section 35. Investigation report Section 35(1) Following an investigation the Commission ("the Ethics and Anti-Corruption Commission established under section 3 of the Ethics and Anti-Corruption Commission Act (), pursuant to Article 79 of the Constitution;") shall report to the Director of Public Prosecutions on the results of the investigation. Section 35(2) The Commission ("the Ethics and Anti-Corruption Commission established under section 3 of the Ethics and Anti-Corruption Commission Act (), pursuant to Article 79 of the Constitution;") ’s report shall include any recommendation the Commission ("the Ethics and Anti-Corruption Commission established under section 3 of the Ethics and Anti-Corruption Commission Act (), pursuant to Article 79 of the Constitution;") may have that a person be prosecuted for corruption or economic crime . [Act No. 12 of 2012 , Sch.]

Section 36. Quarterly reports Section 36(1) The Commission ("the Ethics and Anti-Corruption Commission established under section 3 of the Ethics and Anti-Corruption Commission Act (), pursuant to Article 79 of the Constitution;") shall prepare quarterly reports setting out the number of reports made to the Director of Public Prosecutions under section 35 and such other statistical information relating to those reports as the Commission considers appropriate. Section 36(2) A quarterly report shall indicate if a recommendation of the Commission ("the Ethics and Anti-Corruption Commission established under section 3 of the Ethics and Anti-Corruption Commission Act (), pursuant to Article 79 of the Constitution;") to prosecute a person for corruption or economic crime was not accepted. Section 36(3) The Commission ("the Ethics and Anti-Corruption Commission established under section 3 of the Ethics and Anti-Corruption Commission Act (), pursuant to Article 79 of the Constitution;") shall give a copy of each quarterly report to the Attorney- General. Section 36(4) The Attorney-General shall lay a copy of each quarterly report before the National Assembly. Section 36(5) The Commission ("...

Section 37. Annual report on prosecutions Section 37(1) The Director of Public Prosecutions shall prepare an annual report with respect to prosecutions for corruption or economic crime. Section 37(2) The year covered by an annual report shall be the year ending on December 31st. Section 37(3) The annual report for a year shall include a summary of the steps taken, during the year, in each prosecution and the status, at the end of the year, of each prosecution. Section 37(4) The annual report shall also indicate if a recommendation of the Commission to prosecute a person for corruption or economic crime was not accepted and shall set out succinctly the reasons for not accepting the recommendation. Section 37(5) The annual report for a year need not include the status of a prosecution that has been finally concluded in a previous year if that status was included in a previous annual report. Section 37(6) The Director of Public Prosecutions shall lay each annual report before the National Assembly within the first ten sitting days of the National Assembly following the end of the year to which the report relates. Section 37(7) The first annual report following the coming into operatio...

Section 25A. Cessation of investigations Section 25A(1) The Commission may, in consultation with the Cabinet Secretary and the Director of Public Prosecutions, tender an undertaking in a form prescribed by the Cabinet Secretary, not to institute or continue with investigations against any person suspected of an offence under this Act. Section 25A(2) Where the Commissioner intends to take action as specified in subsection (1), it shall by notice in the daily newspapers invite interested persons to approach it for such an undertaking within a period specified in the notice. Section 25A(3)(a) makes a full and true disclosure of all material facts relating to past corruption or economic crime; Section 25A(3)(b) through the Commission, pays or refunds to, or deposit with, the Commission for, all persons affected, any property or money irregularly obtained, with interest thereon at a rate prescribed by the Cabinet Secretary; Section 25A(3)(c) makes reparation to any person affected by his corrupt conduct; and Section 25A(3)(d) pays for all loss of public property occasioned by his corrupt conduct. Section 25A(4)(a) stating the name of the proposed beneficiary of the undertaking; Section...

Section 38. Meaning of "agent" and "principal" Section 38(1) In this Part— "agent" means a person who, in any capacity, and whether in the public or private sector, is employed by or acts for or on behalf of another person; "principal" means a person, whether in the public or private sector, who employs an agent or for whom or on whose behalf an agent acts. Section 38(2) If a person has a power under the Constitution or an Act and it is unclear, under the law, with respect to that power whether the person is an agent or which public body is the agent’s principal, the person shall be deemed, for the purposes of this Part, to be an agent for the Government and the exercise of the power shall be deemed to be a matter relating to the business or affairs of the Government. Section 38(3)(a) a Cabinet Secretary ("the Cabinet Secretary responsible for integrity issues;") shall be deemed to be an agent for both the Cabinet and the Government; and Section 38(3)(b) the holder of a prescribed office or position shall be deemed to be an agent for the prescribed principal. Section 38(4) The regulations made under this Act may prescribe offices, positions and principals for the purposes of subsec...

Section 39.[Deleted by ActNo. 47 of 2016, s. 23.]

Section 40. Secret inducements for advice Section 40(1) This section applies with respect to a benefit ("any gift, loan, fee, reward, appointment, service, favour, forbearance, promise or other consideration or advantage;") that is an inducement or reward for, or otherwise on account of, the giving of advice to a person. Section 40(2)(a) receives or solicits, or agrees to receive or solicit, a benefit ("any gift, loan, fee, reward, appointment, service, favour, forbearance, promise or other consideration or advantage;") to which this section applies if the person intends the benefit ("any gift, loan, fee, reward, appointment, service, favour, forbearance, promise or other consideration or advantage;") to be a secret from the person being advised; or Section 40(2)(b) gives or offers, or agrees to give or offer, a benefit ("any gift, loan, fee, reward, appointment, service, favour, forbearance, promise or other consideration or advantage;") to which this section applies if the person intends the benefit ("any gift, loan, fee, reward, appointment, service, favour, forbearance, promise or other consideration or advantage;") to be a secret from the person being advised. Section 40(3) In...

Section 41. Deceiving principal Section 41(1) An agent who, to the detriment of his principal, makes a statement to his principal that he knows is false or misleading in any material respect is guilty of an offence. Section 41(2) An agent who, to the detriment of his principal, uses, or gives to his principal, a document that he knows contains anything that is false or misleading in any material respect is guilty of an offence.

Section 42.[Deleted by ActNo. 11 of 2025, 3rd Sch.]

Section 43. Improper benefits to trustees for appointments Section 43(1) This section applies with respect to a benefit ("any gift, loan, fee, reward, appointment, service, favour, forbearance, promise or other consideration or advantage;") that is an inducement or reward for the appointment of a person as a trustee of property or for joining or assisting in such an appointment. Section 43(2)(a) receives or solicits, or agrees to receive or solicit, from a trustee of property a benefit ("any gift, loan, fee, reward, appointment, service, favour, forbearance, promise or other consideration or advantage;") to which this section applies; or Section 43(2)(b) gives or offers, or agrees to give or offer, to a trustee of property a benefit ("any gift, loan, fee, reward, appointment, service, favour, forbearance, promise or other consideration or advantage;") to which this section applies. Section 43(3) Subsection (2) does not apply to anything done with the informed consent of every person beneficially entitled to the property or in accordance with an order of a court. Section 43(4)(a) an executor or administrator appointed to deal with the property; Section 43(4)(b) a person who, under a...

Section 44. Bid rigging, etc. Section 44(1)(a) refraining from submitting a tender, proposal, quotation or bid; Section 44(1)(b) withdrawing or changing a tender, proposal, quotation or bid; or Section 44(1)(c) submitting a tender, proposal, quotation or bid with a specified price or with any specified inclusions or exclusions. Section 44(2)(a) receives or solicits or agrees to receive or solicit a benefit ("any gift, loan, fee, reward, appointment, service, favour, forbearance, promise or other consideration or advantage;") to which this section applies; or Section 44(2)(b) gives or offers or agrees to give or offer a benefit ("any gift, loan, fee, reward, appointment, service, favour, forbearance, promise or other consideration or advantage;") to which this section applies.

Section 45. Protection of public property and revenue, etc. Section 45(1)(a) acquires public property or a public service or benefit ("any gift, loan, fee, reward, appointment, service, favour, forbearance, promise or other consideration or advantage;") ; Section 45(1)(b) mortgages, charges or disposes of any public property; Section 45(1)(c) damages public property, including causing a computer or any other electronic machinery to perform any function that directly or indirectly results in a loss or adversely affects any public revenue or service; or Section 45(1)(d) fails to pay any taxes or any fees, levies or charges payable to any public body or effects or obtains any exemption, remission, reduction or abatement from payment of any such taxes, fees, levies or charges. Section 45(2)(a) sub-standard or defective goods; Section 45(2)(a)(i) sub-standard or defective goods; Section 45(2)(a)(ii) goods not supplied or not supplied in full; or Section 45(2)(a)(iii) services not rendered or not adequately rendered, Section 45(2)(b) wilfully or carelessly fails to comply with any law or applicable procedures and guidelines relating to the procurement, allocation, sale or disposal of pro...

Section 46. Abuse of office Section A person who uses his office to improperly confer a benefit ("any gift, loan, fee, reward, appointment, service, favour, forbearance, promise or other consideration or advantage;") on himself or anyone else is guilty of an offence.

Section 47. Dealing with suspect property Section 47(1) A person who deals with property that he believes or has reason to believe was acquired in the course of or as a result of corrupt conduct is guilty of an offence. Section 47(2)(a) holds, receives, conceals or uses the property or causes the property to be used; or Section 47(2)(b) enters into a transaction in relation to the property or causes such a transaction to be entered into. Section 47(3)(a) conduct constituting corruption or economic crime ; or Section 47(3)(b) at the time, constituted an offence; and Section 47(3)(b)(i) at the time, constituted an offence; and Section 47(3)(b)(ii) if it had taken place after this Act came into operation, would have constituted corruption or economic crime .

Section 48. Penalty for offence under this Part Section 48(1)(a) a fine not exceeding one million shillings, or to imprisonment for a term not exceeding ten years, or to both; and Section 48(1)(b) an additional mandatory fine if, as a result of the conduct that constituted the offence, the person received a quantifiable benefit ("any gift, loan, fee, reward, appointment, service, favour, forbearance, promise or other consideration or advantage;") or any other person suffered a quantifiable loss. Section 48(2)(a) the mandatory fine shall be equal to two times the amount of the benefit ("any gift, loan, fee, reward, appointment, service, favour, forbearance, promise or other consideration or advantage;") or loss described in subsection (1)(b); Section 48(2)(b) if the conduct that constituted the offence resulted in both a benefit ("any gift, loan, fee, reward, appointment, service, favour, forbearance, promise or other consideration or advantage;") and loss described in subsection (1)(b), the mandatory fine shall be equal to two times the sum of the amount of the benefit ("any gift, loan, fee, reward, appointment, service, favour, forbearance, promise or other consideration or advant...

Section 49. Custom not a defence Section In prosecution of an offence under this Part, it shall be no defence that the receiving, soliciting, giving or offering of any benefit ("any gift, loan, fee, reward, appointment, service, favour, forbearance, promise or other consideration or advantage;") is customary in any business, undertaking, office, profession or calling.