EACC opposes Bill seeking to allow leaders convicted of corruption to vie in elections

The bill seeks to; amend the Anti-Corruption and Economic Crimes Act, 2003 to delete the provision for the disqualification of persons convicted of corruption or economic crimes from being elected or appointed as public officers. 

Opposition to the proposed amendments that seek to allow the employment of corrupt public servants was put on record by the Ethics and Anti-Corruption Commission (EACC), the Attorney General, the Law Society of Kenya (LSK) and Transparency International, during the Bill's public participation exercise presided over by the Justice and Legal Affairs Committee (JLAC). 

EACC Director of Legal Affairs David Too on Tuesday led the onslaught against the Controversial Anti Corruption and Economic Crimes Amendment Bill 2023 which is currently undergoing public participation. 

“Corruption or economic crimes are serious offences against the public whose effects are wide-ranging and impact on the society negatively,” said Too.  

Too further stated that persons convicted of corruption or economic crimes should be disqualified from holding public office for the period provided in section 64 of the ACECA, since they are likely to perpetrate further acts of corruption. 

“The Period defined in section 64 is not a permanent punishment. Persons so disqualified would be eligible for appointment upon the lapse of the 10 years. The prescribed period is meant for reflection and reform,” he said.  

EACC concluded its submission before JLAC by stating, that the proposed amendment will take away from the principles of leadership and integrity captured in chapter 6 of the constitution and the Leadership and Integrity Act, thereby occasioning a significant negative impact in the fight against corruption. 

“This will erode public confidence and respect for the rule of law and betray the constitution,” said Too. 

EACC’s objection to the Controversial Anti Corruption and Economic Crimes Amendment Bill 2023, was echoed by LSK, Transparency International, Kenya Law Reforms and Office of the Attorney General, which filed their petitions before JLAC during Tuesday's public participation session.