Kenya Parliamentarians from APNAC-K condemn new amendments to the Anti-Corruption Act 2023

Nairobi,

Wednesday, September 20, 2023

KNA by Kamau Maina

African Parliamentarians Network against Corruption-Kenya (APNAC-K) has opposed the proposed amendments to the 20-year old Anti-Corruption and Economic Crimes Act 2003.

The Network feels that the proposed amendments to the Anti-corruption and Economic Crimes Act 2003 through the African Parliamentary debate on various networks against corruption has highlighted some areas of concerns needing attention by the media.

Speaking at a Media Roundtable Engagement in Nairobi, Executive Committee Member and County Women Representative Vihiga County Beatrice Adagala said that the Act has played a crucial role in the fight against corruption in Kenya, and “these retrogressive proposed amendments if passed, risked dampening their efforts in combating corruption and violating Kenyans constitutional principles and international commitments.”

She added that Parliament has received a proposed amendment to delete section 64 of the Act providing for the disqualification of persons convicted of corruption or economic crimes from being elected or appointed as public officers.

“We Members of Parliament strongly oppose this proposed amendment which is inconsistent with the Constitution of Kenya and defend several constitutional provisions including our national values and principles of governance under Article 10 and the principles of leadership and integrity under Chapter Six of the Constitution among many others provisions in law that would be inconsistent with the proposed amendment,” Adagala added.

She noted that APNAC-K Members were also aware that there is another proposed amendment under Section 45 2(b) and (c) which seeks to remove accountability by public officials to offences like non-compliance with procurement law procedures, guidelines and implementations of unplanned projects.

Adagala stated that APNAC-K recognizes the significance to continuously improve its legal framework to combat corruption effectively. “However, these amendments currently proposed raise issues and serious concerns that could hinder their progress in the fight against corruption,” she noted.

“We ask the government and all stakeholders to consider the potential consequences of these amendments carefully since such amendments could undermine the new effectiveness of the Act in tiring corruption and prosecuting offenders,” said Adagala. 

She added that they recognise that Kenya has made international commitments to combat corruption including signing the United Nations Convention against corruption and requiring the States to ease remained measures for disqualification or removal of individuals convicted of corruption from public office.

The African Union convention on prevention and combating corruption also requires State parties to adopt measures to hold individuals accountable including individuals who hold public offices.

Ms Adagala emphasised that the proposed amendment should be evaluated in light of this commitments to ensure Kenyans’ compliance with international standards including the Anti-corruption and Economic Crimes Act 2023 that has been a concern in Kenya’s effort to combat corruption, a menace that has undermined national development and eroded the public's trust in the government.

“Over the years, its actors have provided a legal framework that empowers law enforcement agencies to investigate and prosecute corrupt individuals and entities, ” voiced Adagala.

Additionally, she reiterated that all these strategies have also promoted to transparent, accountability and integrity in public service helping to safeguard Kenya's resources for the benefit of all citizens.

APNAC-K, according to Adagala, calls for a transparent and inclusive process that involves consultation with oversight agencies including the Ethics and Anti-Corruption Commission, the Office of the Director General, civil societies, legal experts and the public to ensure that any amendment to the Anti-corruption and Economic Crimes Act 2023 are in line with the best practises, uphold the principles of our Constitution and meet Kenyans’ international column.

“It is meant for the fight against corruption just like Kenya remains committed to working collaboratively with all relevant stakeholders to strengthen our anti-corruption efforts and ensure Kenya remains on the path towards a transparent, accountable and corrupt free nation,” uttered Ms Adagala.

At the same time, Member of Parliament for Rangwe constituency Dr Lilian Gogo said that her inclination is based upon the move to come against any legislation that is going to negate gains that have already been made in fighting corruption

“Corruption is a big dent in our country and as he told right now the cost of living is so high and those who have been placed in positions of responsibility have even taken corruption higher and are reaping from the public,” lamented Gogo.

She added that Kenyan citizens are crying and it is very unfortunate that Members of Parliament could even think of putting legislation in place that is still going to shield corrupt members of our society.

“We want to take the fight against corruption to another level and we are going to mobilise people who are anti-corruption friendly in Parliament, other stakeholders in civil society and people of goodwill of the Republic of Kenya to come against these kinds of legislation that are going to take us back several miles from what we have gained in the fight against corruption,” maintained Gogo.

APNAC-K is an organisation in Kenya that seeks to work and strengthen Parliamentary capacity to fight corruption and promote good governance.

Courtesy; KNA