Lobbies read mischief in changes to anti-graft law
A section of civil society organisations has expressed concern over plans to amend Anti-Corruption and Economic Crimes Act ((ACECA), 2003, terming the move suspicious.
In a press conference in Nairobi yesterday, the organisations castigated Mbeere North MP Geoffrey Ruku, the sponsor of the Anti-Corruption and Economics Crimes (Amendment) Bill, 2023, describing the proposed law as misguided.
They noted that the proposed amendment posed a significant threat to gains made so far in the fight against corruption.
“Since the establishment of ACECA in 2003, provisions of section 45 have been instrumental in the successful prosecutions of several individuals involved in corruption,” Bether Kokach, Regional Director for Eastern Africa Collaboration for Economic, Social and Cultural Rights said.
The Bill proposed by Ruku seeks to amend section 45(2) of the Act by deleting the two offences prescribed in parts 2(b)and (c) namely the failure to follow procurement guidelines and engaging public funds in an unplanned project.
Kokach argued that procurement-related corruption cases, for instance, have been among the most litigated provisions in anti-corruption offences thanks to ACECA Act.
Kokach emphasised that any attempt to tamper with or weaken these provisions will lead to the inevitable fatality of the Act and the war on graft.
“We invite Parliament, through the relevant Committee (Justice and Legal Affairs Committee) and through the plenary, to do the honourable thing for this country, and resoundingly reject the Bill,” Kokach added.
In the unlikely event that the Bill goes through in Parliament, the organisations called on President, William Ruto to reject it as it would only serve to derail his agenda to rebuild the country’s economy.
The proposed amendments, according to Transparency International (TI) Kenya Executive Director Sheila Masinde has nothing better for the country, but will only escalate fraud, waste and abuse of public resources amidst a severe economic crisis.
Significant threat
“The proposed amendment poses a significant threat to the progress made thus far in the fight against corruption,” she said. While the Act is instrumental for prevention, investigation, and prosecution of corruption-related offences and economic crimes, Masinde noted that Ruku’s proposal to amendment sections 45(2) (b) and (c) of the ACECA will pave way for non-compliance with procurement guidelines and implementation of unplanned projects.
“We are, therefore, perplexed by Hon. Ruku’s suspicious sinister and misadvised motives to propose the repeal of these sections that dictate such drastic and gross offences,” she said, terming the proposal a well-calculated move by individuals intent on engaging in acts of corruption.
On his part, Davis Malombe, the Kenya Human Rights Commission Executive Director argued that drafters of ACECA did not intend section 45 to be merely an unnecessary legal framework, or ornamental to the ACT.
“We want to make it clear that drafters of that Act intended to have these sections as a substantive bite – to promote responsible and ethical practices in public procurement, ensuring that guidelines are followed and that no officer engages in a project without prior planning, to maintain transparency and accountability,” he said, calling upon all other stakeholders to come together in one voice and oppose the intended amendment.
