A parliamentary committee has rejected a Bill that seeks to allow persons convicted of corruption or economic crimes to be elected or appointed as public officers.
The National Assembly’s Justice and Legal Affairs Committee (JLAC) says the proposed Anti-Corruption and Economic Crimes (Amendment) Bill, 2023 is inconsistent with Article 75(3) of the Constitution, which disqualifies those found to have acted outside the prescribed conduct of State officers from holding any other State office.
“That the repeal of section 64 of the Anti-Corruption and Economic Crimes Act, 2003 would amount to loosening the laws governing corruption and economic crimes,” George Murugara, who chairs the committee, says in a report on consideration of the Bill.
“In the committee’s view, the section should instead be amended to align with the provisions of Chapter Six of the Constitution on Leadership and Integrity.”
The committee has proposed further amendments to the Bill sponsored by Homa Bay Town MP Peter Kaluma.
Mr Kaluma wanted to amend the Anti-Corruption and Economic Crimes Act, 2003 to repeal section 64, which provides for the disqualification of persons convicted of corruption or economic crimes from holding public office.
The said section of the Act provides that a person who is convicted of corruption or economic crime shall be disqualified from being elected or appointed as a public officer for 10 years after the conviction.
Mr Kaluma sought to delete the provision for the disqualification of persons convicted of corruption or economic crimes from being elected as public officers for 10 years after conviction.
“While considering the Bill, the committee observed from a majority of submissions that the proposal would weaken the fight against corruption and economic crimes,” Mr Murugara said in a report to the House.
“The committee further wishes to thank the Ethics and Anti-Corruption Commission (EACC), the Independent Electoral Commission and Boundaries Commission (IEBC), the Kenya Law Reform Commission (KLRC), the Law Society of Kenya (LSK), office of the Director of Public Prosecution (ODPP), the Judiciary, Transparency International, Mzalendo Trust, and Uraia Trust who attended the public participation and gave their views on the Bill which the committee considered in the preparation of this report.”
The committee wants the Bill changed to require that a person convicted of corruption or economic crime shall be disqualified from being elected or appointed as a public officer.
“This section does not apply with respect to a conviction that occurred before this Act came into operation,” the proposed changes read in part.
“At least once a year, the commission shall cause the names of all persons disqualified under this section to be published in the Kenya gazette.”
During the public participation on the Bill, the EACC, IEBC, LSK and ODPP all opposed Mr Kaluma’s amendments saying the proposed changes were counterproductive in the fight against corruption and a claw back on constitutional aspirations of accountability in leadership beside eroding public confidence in the fight against graft.
“Corruption or economic crimes are serious offences against the public with wide-ranging effects and negative impacts on society, thus their punishment must be proportionate to the damage occasioned to society as provided for in section 64 of the Anti-Corruption and Economic Act, 2023,” the EACC submitted.
The IEBC said the proposed repeal of section 64 of the Act would render its deterrence element lost, while LSK warned that it would damage Kenya’s international reputation in the fight against graft.
