AIDE MEMOIR FROM THE NATIONAL COUNCIL OF CHURCHES OF KENYA DURING A MEETING WITH THE ETHICS AND ANTI CORRUPTION COMMISSION ON SEPTEMBER 30, 2026 WITH REGARD TO STATE OF THE NATION
Honourable Chairman,
Bishop Dr David Oginde, PhD, EBS, FCS, we thank you for this opportunity to meet with you and consult over the state of the nation. We commend you for the work you have done since you assumed office in May 2023, even as we recognize the daunting task that lies ahead. We do believe that with God’s empowerment you will accomplish the calling God has placed you in this season. We are greatly honoured to also meet with Dr Monica Wanjiru Muiru, PhD, MBS, the Commission Vice Chairperson, as well as Commissioners Col (Rtd) Alfred Mshimba, MBS, Dr Cecilia Mutuku, PhD, CHRP, CPS-K, and CPA John Otieno Ogallo. We do recognize and applaud the Commission Secretary and Chief Executive Officer, Mr Abdi A Momamud, MBS, for the good work he continues to do. We are confident that your team will successfully execute the mandate of the Ethics and Anti Corruption Commission, always praying for you in the words inspired by 2 Thessalonians 1: 11
To this end we always pray for you, that our God may make you worthy of his calling and may fulfil every resolve for good and every work of faith by his power.
- Mandate of the EACC
Honourable Chairman,
Without doubt, the EACC is arguably the most powerful Commission in Kenya. It is the one body that has a wide scope of mandate that entails educating people on ethics and corruption, setting standards for individual and institutional behavior with regard to integrity and ethics, monitoring adherence with those standards, enforcing institutional changes to ensure compliance, and taking remedial measures.
This reality arises from the fact that the EACC traces its roots to Articles 10 and 260 coupled with Chapters Six and Fifteen of the Constitution, as well as 12 Acts of Parliament. These include the Ethics and Anti Corruption Commission Act, the Anti Corruption and Economic Crimes Act, Leadership and Integrity Act, Public Officer Ethics Act, Bribery Act, Proceeds of Crime and Anti Money Laundering Act, Public Procurement and Asset Disposal Act, Public Finance Management Act, Public Audit Act, Penal Code, Public Service Commission Act, and Witness Protection Act.
The core mandates of the EACC, according to the laws, are:
- Raise public awareness on ethical issues and dangers of corruption
- Develop and promote standards and best practices on integrity
- Develop a code of ethics for state officers
- Investigate acts of corruption on own initiative or after complaints and recommend prosecution where feasible
- Institute court proceedings to enforce remedial measures
- Enforce Chapter Six of the Constitution
- Secure revision of methods of work or procedures that may be conducive to corrupt practices
The EACC does indeed have the legal framework to define, promote and enforce integrity, ethics and anti corruption in all spheres of like in Kenya.
- Study on the Influence of Money and Religion on Democratic Outcomes in Kenya
Honourable Chairman,
Early this year, the NCCK conducted a study on the Influence of Money and Religion on Democratic Outcomes in Kenya.
In the study, 90% of the respondents indicated a strong belief that money is highly influential in political campaigns and outcomes. This deeply entrenched perception of money-driven politics suppresses citizen participation in governance coupled with political apathy and normalized transactional politics.
In this context, campaign financing is redefined into business investments in which the financiers expect to recoup their money after the elections. The financiers demand appointments to key positions either for themselves or their cronies, which means that the winners are forced to employ and work with staff whose loyalties lie elsewhere. Awarding of government tenders and contracts also emerges as a preferred route for the financiers to be repaid the money they donated, leading to inflated project costs and manipulate procurement processes.
Across the country, Kenyans believe that money determines who becomes a candidate, shapes political competition, influences election results, and guides governance decisions. The monetization of politics is so severe that Kenyans are now being conditioned to believe that they must be paid to participate in democratic processes. There has never been a greater risk to democracy and good governance than this in Kenya’s history.
- Challenge of Incumbency Elections
Honourable Chairman,
It is appreciable that Kenya has been gripped by election fever as the 14th General Elections, scheduled for August 10, 2027, beckon. These will be incumbency elections in which a sitting President is seeking re-election. This is causing jitters considering that since the re-introduction of multiparty politics, incumbency elections have been characterized by tension, heavy electioneering and violence before, during and after the polls. This was witnessed in 1992, 1997, 2007 and 2017. We are extremely concerned that actions and speeches by political actors are pushing the country along the same road. But must we walk the same path knowing where it leads? Can we not, as responsible stakeholders, take legal and constitutional measures to guide the country on a different path?
It is in this context, Honourable Chairman, that we make the following recommendations for consideration by the Commission.
- Campaign Financing: Follow the Money
Honourable Chairman, we recognize that you addressed this monetization of politics during the address you made to the National Stakeholders Convention earlier this month. We took note that in the Campaign Financing Regulations published by the Independent Electoral Boundaries Commission, the following limits were set:
| Position | Campaign Limit | Salary for 5 Years |
| President | 8 billion | 86 million |
| Governor | 181 million | 57 million |
| Senator / Women Representative | 181 million | 50 million |
| Member of National Assembly | 100 million | 50 million |
| Member of County Assembly | 22 million | 13 million |
Even in cases of extreme philanthropy, why would an aspirant spend more money in campaigning than they would ever earn as salary if they win the election? These spending limits clearly imply massive influx of illicit funds into the political processes.
It is of absolute importance, Honorable Chairman, that the Commission develops a protocol for monitoring campaign spending by political actors and follow them to demand for sources of the money. The protocol would enable the Commission to distinguish between legitimate campaign financing from proceeds of corruption, money laundering, and theft of public resources. The law allows the EACC to investigate unexplained wealth at any time, so this is a protocol that is long overdue.
Our strong appeal, Honourable Chairman, is that the EACC follows the money trails long before the official campaign period begins. Let us build a Kenya where the source of every coin spent during campaigns is known.
- Voter Bribery
Whereas addressing the source of funds used in political campaigns will address the supply side, we still need to deal with the demand side of the equation. In this regard, Honourable Chairman, we strongly recommend that the Commission develops public education material aimed at discouraging acceptance of funds from politicians. The sensitized citizens will be motivated to demand accountability from the political actors, which would entail wanting to know the source of the money the person is dishing out. Citizens must be helped to recognize that the money they receive from the politicians is most likely tidbits from the funds stolen from public coffers.
On our part, Honorable Chairman, we will avail our church facilities to the Commission for the delivery of the public sensitization and trainings. This is in addition to continuing the adoption and application of the Guidelines for Ministering to Politicians issued by the NCCK Executive Committee, which among other things limits publicised giving of donations in churches.
- Post Election Governance: Follow the Money
Honourable Chairman, the Survey conducted by NCCK agrees with other studies that aspirants are funded by individuals or corporations that demand special favours once the candidate wins. This has entrenched corruption in governance as contracts and tender processes are manipulated to ensure the financiers get chances to recoup their money. It would be immoral, ungodly and unconstitutional to allow this network to continue thriving. We encourage the Commission to establish a system that will document the major financiers and tenders they are awarded. By making such a register public, visibility of procurement manipulations will emerge and the citizens will be enabled to demand good governance and transparent procurement processes.
- Blacklist Tainted Politicians
The EACC has a very wide and strong mandate to enforce adherence to Chapter 6 of the Constitution. This means that the Commission has constitutional imperative to blacklist aspirants who have been involved in unethical or corrupt behavior. Where evidence exists and is on record, the Commission should publish a list advising Kenyans not to vote for such individuals.
We in the church will use our structures to amplify such a list to educate the community members.
- Enforce Ethical Behaviour by State Officers
Honourable Chairman, we have noted that the law that established the EACC did not give a direct definition of what ethics or ethical behaviour means. On our part, we find that ethical behaviour is wider than just money and instead encapsulates the meaning of Chapter Six of the Constitution of Kenya. We urge the Commission to establish a protocol to enforce integrity and ethical behavior by state officers and public servants in their speeches and actions. Cases where officials have been captured on camera threatening to rig elections need to be investigated and prosecuted under the aegis of Chapter 6 of the Constitution, and the EACC is the best placed to initiate such proceedings.
- Revise Conduct of Political Parties
Honourable Chairman, Section 11 (1)(i) of the Ethics and Anti Corruption Commission Act provides that
Subject to Article 31 of the Constitution, monitor the practices and procedures of public bodies to detect corrupt practices and to secure the revision of methods of work or procedures that may be conducive to corrupt practices.
As was found in the Study by NCCK and other researches, actions and process of political parties display complicity to corrupt practices. These include voter bribery, lack of accountability on source of funds or their usage, accusations of bribery of electoral officials, and other unethical behaviours. We implore the Commission, in applying this provision, to facilitate development of operational guidelines for political parties and formations so as to seal loopholes that allow corruption and unethical practices to thrive.
- Institutional Capture and Weak Public Confidence in Oversight Bodies
Alongside the EACC, the Constitution of Kenya 2010 established a number of independent commissions and offices with a goal of safeguarding the rights, freedoms and peace of Kenyans. It is therefore a major concern for Kenyans that these independent institutions seem to have been captured and compromised by the state. The accusations of ineffectiveness arise from the perceived loss of independence and credibility of the EACC and other institutions.
We strongly recommend that you endeavour to present EACC as a visibly independent and even-handed enforcer of its mandate. It would be prudent on your part to publish protocols and plans to safeguard the 2027 electoral cycle from corruption and behaviours.
- Our Commitment
The law notably requires the EACC to build partnerships with other institutions so as to build public support for the anti corruption work. This is one key area we are ready to collaborate with the Commission to deliver public sensitization on ethical behaviour and a shunning of corruption.
- Conclusion
In conclusion, we commend you Honourable Chairman and Commissioners on your continued work and commitment to excellence. Do not allow yourselves to be seen as a toothless dog by hiding behind excuses and blame-passing. We assure you of our readiness to partner with you for a better nation, always remembering the inspiration God has given us in Colossians 3: 23
Whatever you do, work at it with all your heart, as working for the Lord, not for men.
Once again, Honourable Chairman, we thank you for the opportunity to meet with you.
May God bless you now and always
Signed on this 30th day of September 2026 at Jumuia Place, Nairobi.
Rev Dr Elias Otieno Agola
CHAIRMAN
Rev Canon Chris Kinyanjui
GENERAL SECRETARY
