NAIROBI, Kenya, Feb 4 – Legislative reforms are being mooted to address the obstacles facing the Ethics and Anti-Corruption Commission (EACC) which are hindering the fight against corruption in the country.
Crucial provisions will be instituted in the Anti-Corruption and Economic Crimes Act, 2003 that governs the investigation, prosecution and punishment of corruption and economic crimes.
This coming few weeks after the three arms of government held the Summit of Heads of Arms that was attended by President William Ruto, Chief Justice Martha Koome, and National Assembly Speaker Moses Wetangula.
EACC’s top leadership led by Chief Executive Officer Twalib Mbarak are set to shed light on the difficulties faced by the anti-graft agency when pursuing cases linked to major corruption scandals in the country.
The anti-graft watchdog will present the issues before a consultative forum that will be held in Naivasha on Monday.
Director of Public Prosecution (DPP) Renson Mulele Igonga and a High Court Judge nominated by the Chief Justice to represent the Judiciary will also attend the meeting.
It has emerged that the resolutions set by the anti-corruption summit which was chaired by President Ruto won’t yield much if legislative changes are not instituted in the anti-graft agency.
Proposed bills that threaten to cripple the fight against corruption including the one sponsored by Mbeere North MP which seeks to decriminalize procurement graft offences will be dropped.
In particular, the Bill seeks to amend section 45(2) of the Act by deleting the two offenses prescribed in Section 45(2)(b) and (c) namely the “failure to follow procurement guidelines” and “engaging in a public project without prior planning.”
According to Mbeere North MP, the issues sought to be de-criminalized are mere administrative flaws that can be adequately handled through administrative mechanisms instead of criminal prosecution.
Notably, the Committee has since rejected Homabay MP Kaluma Bill which sought to allow graft convicts to be appointed to public office.
Kaluma intends to delete Section 64 of the Act which disqualifies person convicted of corruption or economic crimes from being elected or appointed to public offices for a period of ten years following conviction.
Last year, EACC Chairperson David Oginde identified the legal framework as a significant challenge, outlining how suspects have adeptly navigated the justice system, making it challenging to hold them accountable.
He pointed out that the burden of proving guilt beyond reasonable doubt in corruption cases poses a significant challenge.
“The way the law is structured on corruption cases especially for criminal, you have to prove your case beyond reasonable doubt. That is not easy in corruption cases,” Oginde said Wednesday, when the commission met with the members of the Kenya Editors Guild in Nairobi.
“The person is innocent until proven guilty and until they have exhausted the whole judicial system. It doesn’t matter even if they are nailed by the lower courts, they’ll continue until they reach the Supreme Court.”
Acknowledging the intelligence of those involved in major corruption cases, Oginde revealed that some of them often engage consultants and professionals to craft strategies for the discreet use of public funds without raising red flags.
He underscored the necessity for EACC investigators and intelligence officers to possess a similar level of acumen to unravel these intricate schemes.
Despite the commitment of EACC’s investigative team, Oginde said the process can extend over several years.
“I was calculating the other day that a case that goes from beginning to end of this big corruption without interference along the way, will take 5 to 6 years to clear if everything is done well. That’s what make this big corruption very difficult to nail down,” he explained.
