Civil societies condemn amendments to Anti-Corruption and Economic Crimes Act
Interior CS Prof Kithure Kindiki chats with Mbeere North MP Geoffrey Ruku. The MP has proposed a Bill that describes sections of the Anti-Corruption and Economic Crimes Act as administrative matters to be dealt with administratively rather than through criminal prosecution.
Civil society organisations (CSOs) have condemned proposed amendments to the Anti-Corruption and Economic Crimes Bill that seeks to decriminalise procurement offences, saying it will undermine the fight against corruption in the country.
The bill, sponsored by Mbeere North Member of Parliament (MP) Geoffrey Ruku, proposes to repeal two sections of the Anti-Corruption and Economic Crimes Act (ACECA) that deal with procurement offences related to non-compliance with procurement guidelines and implementation of unplanned projects.
The bill describes these as administrative matters that are better dealt with administratively rather than through criminal prosecution, as is currently the case.
In a press briefing, the civil society organisations, including the Kenya Human Rights Commission, Transparency International Kenya, the Eastern Africa Collaboration for Economic, Social and Cultural Rights (EACOR) and the Institute for Social Accountability, said the proposed amendments were ill-advised and suspect.
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"The drafters of the ACECA intended these sections to promote responsible and ethical practices in public procurement, to ensure that guidelines are followed and that no official undertakes a project without prior planning, and to maintain transparency and accountability. Since the establishment of ACECA in 2003, the provisions of Section 45 have been instrumental in the successful prosecution of several individuals involved in corruption," said Beather Juma Kokach, Regional Director of EACOR.
"In fact, procurement related bribery cases have been among the most litigated provisions of the anti-corruption laws. As such, any attempt to tamper with or weaken these provisions will inevitably lead to the death of the ACECA and the fight against graft. We are, therefore, perplexed by the suspicious, sinister and ill-advised motives of Mr Ruku to propose the repeal of these sections which prescribe such drastic and serious offences which, according to his proposal, should be relegated to the realm of administrative processes which are less deterrent to the intention of individuals to engage in acts of corruption," she added.
She called on Parliament to reject the bill, and urged the President to do so if Parliament agreed to it.
"Our country loses almost a third of its budget to corruption, with procurement being the biggest avenue for graft. Kenyans can still recall the procurement scandals at the Kenya Medical Supplies Authority (KEMSA) during the height of the Covid19 pandemic where we lost about Sh7 billion; the National Youth Service (NYS) scandal where we lost Sh1.9 billion and the recent mosquito net procurement scandal at KEMSA where Kenyans lost about Sh3 billion," said Ms Juma.
"These are just some of the numerous procurement scandals that have plagued this country despite the fact that ACECA and other legislative, policy and enforcement mechanisms have not fully addressed the corruption problem and therefore need to be strengthened, not weakened. In fact, Kenyans should be more concerned about the magnitude of corruption scandals we are likely to face if ACECA is weakened," she explained.
"Kenyans are currently going through a difficult economic period with the high cost of living, rising prices of basic commodities and high taxes. The last thing we can afford is the theft of public funds. If we don't speak out now against this and other attempts to weaken our laws, things will only get worse... We need to remind our MPs that they should only serve the public interest and Kenyans are watching closely," added Ms Juma.
In 2022, Transparency International ranked Kenya 32nd out of 100 in its Corruption Perceptions Index. The index showed that most countries were failing to curb corruption, which was also seen as undermining the ability of governments to protect their citizens. Corruption was also blamed for undermining public confidence.
