Kenya: EACC Opposes Law Changing Qualifications of Commission Chairperson Post

Nairobi — The Ethics and Anti-Corruption Commission are now pushing for the rejection of provisions in the proposed Ethics and Anti-Corruption Bill 2024 which seeks to change the qualifications of the Chairperson of the Commission.

The amendment bill proposes that the Chairperson of the Commission should be a person qualified to hold the office of a judge of the High Court of the Commission.

Appearing before the Justice and Legal Affairs Committee, the anti-graft agency Deputy CEO Abdi Mohamud have opposed the proposed amendment saying the restriction of the post to legal profession will limit diversity in the leadership of the commission.

Mohamud told MPs the provision is misplaced as the commission has an established legal services directorate who hold qualifications of a judge capable of reviewing evidence on behalf of the commissioners.

“There is need for the legal knowledge, its necessary but the legal team that we have in the commission are quite knowledgeable who do a good job. We have a team of legal experts who report to the commissioners,” he said.

The Commission insisted that restricting the Chairperson post to the legal profession may be erroneous saying although they have strong legal expertise, they lack leadership qualities which are integral in the anti-graft agency.

“Candidates from non-legal background may bring fresh ideas, innovative approaches and diverse skill sets to the role of the chairperson. Restricting the position to the legal profession could result to missed opportunities,” Mohamud said.

JLAC Chair George Murugara (Tharaka) questioned why the EACC was opposed to the provision yet no one in the commission hold the legal qualification despite their day to day operation on investigation matters surrounding legal matters.

“The problem we have seen is complicated legal matters but the CEO and the commissioners are not lawyers.The perception out there is that you are not doing as much as you should be doing and hence the amendments,” he said.

Under the current provision, the EACC Act 2011 states that “a person shall be qualified for appointment as chairperson if that person meets the requirements of Chapter Six of the Constitution.

He or she should holds a degree from a university recognized in Kenya, has knowledge and experience of not less than 15 years in ethics and governance, law or public administration.

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IRENE MWANGI

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