Use the ballot to block out corrupt aspirants, EACC tells Kenyans
Sponsored by Ethics and Anti-Corruption Commission
Mr Phillip Kagucia, Advocate, Assistant Director and Head of Corporate Communications at EACC
By Millicent Mwololo
In December 2020, Ethics and Anti-Corruption Commission officers arrested a Kenyan for receiving a bribe. Come March 2021, the man had earned a nomination to run for a parliamentary seat in a highly contested by-election. Then in May 2021, he won the election, all these notwithstanding the fact that he had been charged in court in January 2021.
“We must bear responsibility for allowing corruption to thrive in the country,” says Mr Phillip Kagucia, Advocate, Assistant Director and Head of Corporate Communications at EACC.
Ethics and Anti-Corruption Commission (EACC) faces a challenge in the law in that they cannot bar political aspirants from an elective position, for having been charged in court. “Even when convicted, they cannot be barred from vying for elective office, until they exhaust all levels of appeal,” shares Mr Kagucia.
When convicted at the magistrate’s court, many politicians rush to the High Court, and if they do not win the appeal, they proceed to the Court of Appeal. In some cases, they go all the way to the Supreme Court. The appeals may take so many years to be determined, time which the politicians continue to hold to office.
There is also an inconsistency in the law. Appointees to parastatals have to step down when faced with corruption charges, while public officers in elective positions remain in office. “The courts are trying but the law needs to be made clear,” Mr Kagucia says. However, even when politicians are charged with misappropriation of public funds in court, Kenyans will still elect them.
Electing leaders who have a history of corruption is detrimental to the country and the war against corruption, says Mr Kagucia. “Such leaders cannot even support bills that fight corruption. They cannot strengthen anti-corruption laws,” he argues.
Investigating corruption among politically exposed persons is very complicated for EACC officers. “You do not know the depth of influence that they have and where they will exert pressure,” he explains.
Kenyans are not helpless
However, Kenyans can help the EACC to fight corruption among the political class. “If the law is falling short of addressing these issues, there is one place that it won’t matter – at the ballot,” says Mr Kagucia. “Citizens have the right not to vote in thieves. Kenyans are not helpless.”
During an election year, the Independent Electoral and Boundaries Commission gives to EACC the list of Kenyans vying for elective positions. EACC vets them and advises IEBC on their statuses. “However, EACC does not clear any political candidates. That is the work of IEBC,” Mr Kagucia clarifies.
He urges Kenyans to heed a message that has been repeated by the EACC Chief Executive Officer, Major Twalib Mbarak, that they have the chance to make a difference. Hence, with general elections only just about one year away, Kagucia advises: “Let us not waste this opportunity to weed out corrupt leaders.”
Budgetary support
Currently, EACC needs to recruit more staff to speed up investigations of corruption cases and avert losses of public funds. This is a budgetary issue that requires support from the government.
In the same vein, Mr Kagucia continues, the office of the Deputy Public Prosecutor (DPP) and the Judiciary need more support so that corruption cases can be effectively prosecuted in a timely manner. “Increased budgetary allocations will also see EACC train more staff on special skills,” he says.
