EACC, ODPP and AG Justin Muturi Gang Up Against Anti-Corruption Bill
The Ethics and Anti-Corruption Commission (EACC), along with collaborating agencies, has objected to a proposal by Mbeere North MP Geoffrey Kariuki Ruku to eliminate two corruption offenses outlined in the Anti-Corruption and Economic Crimes Act.
The legislator, affiliated with the Democratic Party within the governing Kenya Kwanza coalition, has proposed the Anti-Corruption and Economic Crimes (Amendment) Bill of 2023, aiming to legalize certain aspects of the Act, such as the utilization of public funds for unplanned projects.
The proposed legislation aims to abolish Section 45 (2), which makes it illegal for individuals to use public funds to purchase inferior goods, goods that were not provided, or services that were not delivered.
It additionally makes it illegal to embark on a project funded by the public without prior planning. The lawmaker contends that this issue should be handled through administrative measures rather than pursuing criminal charges.
During their presentations to the Justice and Legal Affairs Committee (JLAC) of the National Assembly on Thursday, the EACC and three other organizations labeled the proposed bill as regressive, perilous, and a setback in the battle against corruption.
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They contended that the two segments serve to safeguard public finances from theft and ensure responsibility among the public officials responsible for managing public assets.
“The commission opposes the bill on the ground that decriminalizing failure to follow procurement procedures undermines Article 227 of the Constitution, which provides for fairness, equity, transparency, and cost-effectiveness in the procurement of public goods and services,” EACC argued.
The bill faces opposition from various organizations including the Office of the Attorney General (AG), the Office of the Director of Public Prosecutions (ODPP), and Transparency International Kenya (TI-Kenya).
The Attorney General’s Office, led by Justin Muturi, contended that the suggested repeal went against the agency’s anti-corruption stance.
“By removing (the sections), the proposed amendment removes procurement fraud and malpractices from the ambit of corruption and economic crimes,” Muturi wrote in documents tabled before JLAC and obtained by Kenyans.co.ke.
“As a result, officers who misappropriate public funds through procurement will not be subject to the provisions calling for the suspension of public officers charged with corruption and economic crimes.”
Director of Public Prosecutions Renson Ingonga similarly conveyed the notion that the establishment of the offense aimed to safeguard the Kenyan government from possible legal challenges.
“The Constitution requires public money to be used prudently and responsibly. The test of prudence and responsibility can only be measured against established rules and procedures which can be audited,” Ingonga posed.
Ruku Justification
The legislator contended that the Constitutional amendment bolstered the anti-corruption efforts by eliminating excessive criminalization of procurement errors, which he believed could be effectively addressed through administrative measures.
EACC, ODPP and AG Justin Muturi Gang Up Against Anti-Corruption Bill
