An Act of Parliament to amend the Anti-Corruption and Economic Crimes Act, 2003
| PROPOSED PROVISION FOR AMENDMENT | PROPOSED AMENDMENT | OUR COMMENTS |
|---|---|---|
| Clause 2 Repeal of section 64 of No. 3 of 2003 | The Anti-Corruption and Economic Crimes Act No. 3 of 2003 (“the principal Act”) is amended by repealing section 64. | Section 64 of the principal Act provides for the disqualification of a person convicted of corruption or economic crime from being elected or appointed as a public officer for a period of ten (10) years after the conviction. The Bill appears unconstitutional as it contradicts Chapter 6 of the Constitution. Chapter 6 of the Constitution contains principles and standards of conduct applicable to state officers in execution of their duties. In Okiya Omtatah Okoiti & 15 others v Attorney General & 7 others; Commission on Administrative Justice & 15 others (Interested Parties) (2022) eKLR, the Court stated the following regarding Chapter 6 of the Constitution: a. Chapter six was included in the Constitution as Kenyans wanted a break from a past characterized by endemic corruption and misuse of public office by their elected and appointed leaders; and b. the people of Kenya wanted leaders to be held accountable for their actions. Furthermore, in Trusted Society of Human Rights Alliance v the Attorney General & 2 others (2012) eKLR, the Court stated that the provisions of Chapter 6 of the Constitution were not merely suggestions. The people of Kenya expected the provisions of Chapter 6 to have a substantive bite. To conclude, Parliament should not approve this Bill as it’s a setback on the war against corruption in Kenya. |