Oginde: High legal bar frustrates corruption convictions
By Kiprono Keileb, August 8, 2025Ethics and Anti-Corruption Commission (EACC) chairperson David Oginde has warned that Kenya’s stringent legal requirements for prosecuting economic crimes are undermining the fight against graft and allowing suspects to escape justice.
Speaking during a radio talk show aired by a local radio station on Thursday, August 8, 2025, Oginde said the burden of proof in corruption cases is heavily skewed in favour of the accused, making it extremely difficult for prosecutors to secure convictions.
“We have set the threshold for economic crimes very high. The burden of proof is not on the person alleged to have been involved but on the prosecution to prove the case beyond a reasonable doubt,” Oginde stated.
He explained that in many instances, corruption cases collapse because of the complexity of the evidence required. Even small procedural errors or missing links in the chain of proof can result in dismissal, regardless of the strength of public suspicion or investigative findings.
“Corruption is not easy to prove beyond a reasonable doubt; any small issue can lead to the case being dismissed,” he said.
Oginde stressed that while the EACC is tasked with investigating corruption, the fight cannot be won by the commission alone. He urged a united front involving citizens, institutions, and lawmakers to re-examine the legal framework and make it more effective in holding corrupt individuals accountable.
“We have to come back and say, if what this report has is the reality on the ground, what should we do for us to deal with this matter. It will not be about one person being targeted while another is spared by the EACC. It has to be a whole Nation approach where we say we are tired of this thing,” Oginde said.
His comments come at a time when Kenya continues to grapple with stalled or collapsed high-profile corruption cases, often involving billions of shillings in public funds. Many of these cases, despite intense media coverage and public outrage, end without convictions, fueling perceptions of impunity among the political and economic elite.
Oginde’s remarks have once again brought renewed focus to the legal and institutional challenges hindering Kenya’s fight against graft. They also raise the question of whether legislative reforms are needed to lower the evidentiary bar, tighten asset recovery laws, and give anti-corruption agencies a stronger hand in pursuing justice.
For Oginde, the message is clear: without a nationwide resolve to confront corruption, legal technicalities will continue to shield the powerful from accountability.