EACC oppose bill to amend sections of Anti-corruption law

Mombasa, Tuesday, June 13, 2023

KNA by Chari Suche

The Ethics and Anti-Corruption Commission (EACC) has raised alarm that a Bill being proposed by Mbeere North MP Muriuki Njagagua to amend sections of the anti-corruption law, will compromise investigations and open a floodgate of scandals through abuse of the procurement process in the country.

Speaking in Mombasa during the launch of a five day workshop for procurement professionals drawn from national and county governments, EACC Deputy CEO Abdi Mohamud said that the intended amendments will have the undesirable effect of allowing suspects to engage in misappropriation of public funds and get away with it.

Mohamud said that according to EACC, over 80% of the forensic investigations undertaken by EACC involve procurement flaws and for this reason, the anti-corruption law needs to be strengthened instead of being weakened through such a Bill.

“At the moment, EACC is prioritizing investigation of cases that involve theft of public funds, most of which arise from fraudulent and skewed procurement processes in both national and county governments,” said Mohamud.

The Deputy CEO revealed that the milestones realized in the prosecution of corruption offenders and recovery of unexplained wealth are largely stemming from non-compliance with procurement laws, guidelines and procedures, which the proposed Bill seeks to delete from the law.

According to EACC, the proposed National Assembly Bill seeks to repeal crucial provisions of the Anti-Corruption and Economic Crimes Act, 2003, which will, in effect, weaken the fight against corruption.

“Specifically, the Bill seeks to amend section 45(2) of Act by deleting the two (2) offences prescribed in Section 45(2) (b) and (c) namely the failure to follow procurement guidelines and engaging in a public project without prior planning,” Mahmoud added.

The provisions targeted for deletion place criminal culpability on public officials with responsibilities of protecting public funds.

According to the proposed Bill, procurement flaws and expenditure of public funds in unplanned projects that are proposed to be decriminalized are mere administrative faults that can be adequately handled through alternative mechanisms instead of criminal prosecution.

EACC finds this argument inaccurate and contends that legal amendments to the existing anti-corruption laws should always have the effect of strengthening them but not creating legal escape routes for perpetrators of corruption.

“Substituting criminal sanctions with administrative action for grave corruption offences like those arising from procurement can only serve to embolden the perpetrators of corruption and economic crimes,” Mahmoud added.

The concern of EACC is that if passed, the proposed amendments will have far-reaching implications including opening a floodgate of new corruption scandals in the country anchored on skewed procurement processes, amid a weakened legal framework for holding perpetrators to account.

In addition, the amendments would encourage expenditure of public funds on unbudgeted projects and compromise prudent utilization of public resources.

Some of the prevalent forms of corruption and unethical conduct perpetuated or facilitated by procurement practitioners include Fraud, Bribery through receipt of kickbacks, Extortion of contractors and suppliers, Conflict of interest, Procurement of substandard goods and services, Bid rigging, Poor contract management, awarding of bids to self, employees and their family members, and Skewed bid evaluation to yield pre-determined outcomes.

EACC says that non-compliance with procurement laws and guidelines has resulted in criminal sanctions against offenders and recovery of billions of public funds acquired through fraudulent procurement processes.

Courtesy ; K. N. A