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EACC CEO Twalib Mbarak. PHOTO/EACC /Photo Courtesy 

The Ethics and Anti-corruption Commission (EACC) has issued a warning to state officers operating bank accounts outside the country without its approval.

EACC CEO Twalib Mbarak warned that the anti-graft agency would take action against any government official running such an account without their knowledge.

"Article 76(2)(a) of the Constitution as read together with Section 19 of LIA and Regulation 14 of the LIA Regulations, 2015 provide that a State officer shall not open or continue to operate a bank account outside Kenya without the approval of EACC. Subsequently, the account holder is required to submit annual bank account statements to EACC not later than 31st January of each succeeding year and upon closure to notify and furnish EACC with evidence of such closure within thirty days," Mbarak stated.

The requirements apply for all bank accounts outside Kenya opened by or controlled by a state or public officer, including for temporary purposes such as facilitation of travel, education or medical treatment; whether for the officer or any other person as long as it is the officer opening or controlling the bank account.

"The Commission is concerned that compliance with the above mandatory requirements has, to a large extent, not been complied with by State and Public officers, save for those serving in the Diplomatic Missions abroad," Mbarak added. 

EACC reveals consequences

Mbarak warned that those found to be operating such accounts risk a jail term of up to five years of a fine not exceeding Ksh5 million.  

"State and public officers are hereby reminded that operating a bank account outside Kenya without the approval of the Commission is an offence under Section 19(6) of the Leadership and Integrity Act, 2012 for which upon conviction, a State or public officer shall be liable to imprisonment for a term not exceeding five years or a fine not exceeding five million shillings or both," Mbarak added.

The anti-graft agency says it has automated its applications for approval to operate bank accounts outside Kenya. By Francis Muli, K24

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