Prime Cabinet Secretary Musalia Mudavadi on Tuesday, September 26, 2023, appealed to lawmakers to withdraw proposed bills seeking to mutilate the Anti-Corruption and Economics Crimes Act (ACECA) 2003.
The two bills, Anti-Corruption and Economic Crimes (Amendment) Act number 3 of 2023 and Anti-Corruption and Economic Crimes (Amendment) number 40 of 2023 are sponsored by MPs Peter Kaluma (Homa Bay Town) and Geoffrey Ruku (Mbeere North) respectively.
Speaking during the launch of the Ethics and Anti-Corruption Commission (EACC) Strategic Plan 2023-2028 at the KICC, Mudavadi said the proposal is 'retrogressive' and would frustrate efforts in fighting corruption.
"We must not politicize the war against corruption the 'bills' are designed to confuse the process. This will avoid people claiming that have been politically targeted," he stated.
Kaluma's bill seeks to amend the Anti-Corruption and Economic Crimes Act of 2003 by deleting the provision for the disqualification of persons convicted of corruption or economic crimes from being elected or appointed to public offices for ten years after conviction.
If it passes, convicts of corruption cases will run for office and qualify to be appointed as public officers.
Ruku’s bill seeks to amend Section 45(2) of the Act by deleting the two offences prescribed in parts 2 (b) and (c), namely the failure to follow procurement guidelines and engaging public funds in an unplanned project.
“Amend section 45(2) of the EACC Act to remove the culpability prescribed on persons in charge of administration, custody, management, receipt or use of any part of public revenue or public property as administrative flaws as they are capable of being adequately and administratively addressed,” the bill reads in part.
The Ethics and Anti-Corruption Commission (EACC) has also rejected the amendments. EACC says a repeal will take away the deterrence value inherent in the law.