EACC opposes governors’ push for immunity from graft crimes
EACC Chief Executive Twalib Mbarak.
The Ethics and Anti-Corruption Commission (EACC) has opposed the push by the Council of Governors (CoG) for removal of collective criminal responsibility in the management of resources at the county government.
In a statement, CEO Twalib Mbarak urged the BBI team to reject their proposal, noting that the modus operandi of several governors is to conceal their role when engaging in corrupt conduct.
He said it includes issuing verbal instructions to junior employees, intimidation and eventually receiving benefits through proxies.
“Corruption is well planned, executed and characterised by deceit and concealment and EACC will not be in support of excusing governors from collective criminal responsibility,” he said on Friday.
“Responsibility for crime has both elements of personal and collective culpability. EACC cautions against considering the proposal by Governors because Such a law or regulation would give immunity to some of the main perpetrators of corruption and economic crime hence promoting impunity in Kenya,” Mr Mbarak added.
In order to sustain the intended impact and keep the proposals in tandem with the current challenges, EACC acknowledges the need to consider constitutional and legislative reforms that will go a long way in strengthening the institution and the laws and not those that will erode the gains made so far.
The proposal by the governors was one of two major resolutions during their two-day meeting in Naivasha to discuss the BBI report last week.
The county bosses also proposed that the office of the Director of Public Prosecutions and the Police Service Commission continue operating as it does currently.
