Kenya: EACC, AG Muturi, ODPP unite against MP Ruku's Anti-Graft Bill

In a concerted effort to safeguard the integrity of Kenya’s anti-corruption laws, the Ethics and Anti-Corruption Commission (EACC), along with key stakeholders including the Office of the Attorney General (AG) and the Office of the Director of Public Prosecutions (ODPP), have vigorously opposed a proposed anti-corruption bill presented by Mbeere North MP, Geoffrey Ruku.

Presenting their arguments before the National Assembly’s Justice and Legal Affairs Committee (JLAC) on Thursday, the EACC, AG Muturi’s office, ODPP, and Transparency International Kenya (TI-Kenya) collectively voiced their concerns regarding the potential ramifications of the proposed legislation. Describing the Anti-Corruption and Economic Crimes (Amendment) Bill, 2023, as “dangerous” and a “backward step” in the fight against corruption, they expressed their firm opposition to its implementation.

At the heart of the contention lies MP Ruku’s objective to decriminalize certain facets of public procurement, property disposal, contract tendering, fund management, and expenditure. Specifically, the bill seeks to eliminate two pivotal corruption offenses entrenched within the legal framework aimed at protecting public funds from mismanagement and ensuring accountability among public officials engaged in the administration of public resources.

Under scrutiny are the provisions delineated in section 45(2)(b) and (c) of the Anti-Corruption and Economic Crimes Act, 2003. Proponents of the bill argue that by removing undue criminalization of procurement flaws, the legislation would ostensibly fortify the fight against corruption by addressing such issues through administrative channels rather than punitive measures.

However, the opposition contends that the proposed amendments pose a grave threat to the efficacy of anti-corruption efforts, potentially unraveling the very fabric of accountability mechanisms meticulously put in place. David Too, Director of Legal Services and Asset Recovery at EACC, cautioned that if enacted, the amendments would pave the way for impunity, emboldening perpetrators of corruption and precipitating a surge in corruption scandals across the nation.

Furthermore, concerns were raised regarding the implications of deleting section 42(2)(a) of the ACECA, which serves as a linchpin in managing and redressing procurement breaches. Arguing against the efficacy of administrative actions as a deterrent to corruption, EACC underscored the imperative of retaining punitive measures to curb malfeasance effectively.

Echoing similar sentiments, the ODPP emphasized the pivotal role of the impugned provisions in upholding constitutional principles of accountability and public participation, warning against the creation of legal loopholes conducive to corrupt practices.

Similarly, the Attorney General’s office underscored the bill’s inconsistency with established anti-corruption policy frameworks and international obligations, advocating instead for bolstering the legal apparatus aimed at combating corruption.

In unanimous accord, Transparency International Kenya denounced the proposed amendments, asserting that there exists no justification for diluting the existing legislative safeguards against corruption.

In light of the impassioned opposition voiced by these esteemed institutions, the fate of MP Ruku’s anti-graft bill remains uncertain, underscoring the precarious balance between legislative reform and the imperative of preserving the integrity of Kenya’s anti-corruption crusade.