Kenyan lawmakers acting through the African Parliamentarians Network Against Corruption (APNAC) have expressed concern over proposed amendments to the country’s anti-corruption and economic crimes act of 2003.
The clause in question is section 64 of the act, which provides for the disqualification of persons convicted of corruption or economic crimes from being elected or appointed as public officers.
In a statement, the parliamentarians said the proposed amendment would not only set back Kenya’s fight against corruption but also would be inconsistent with Article 10 on national values and principles of governance and Chapter 6 on principles of leadership and integrity of the Kenyan Constitution.
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They further added the amendment also would contradict commitments Kenya has made to combat corruption, including signing the U.N. Convention Against Corruption requiring states to implement measures for disqualification or removal of those convicted of corruption from public office.
“We recognize that Kenya has made international commitments to combat corruption, including signing the United Nations Convention against Corruption (UNCAC) requiring states to implement measures for disqualification or removal of individuals convicted of corruption from public office. The African Union Convention on Prevention and Combatting Corruption (AUCPCC) also requires state parties to adopt measures to hold individuals accountable including individuals who hold public office. The proposed amendments should be evaluated in light of these commitments to ensure Kenya’s compliance with international standards,” said APNAC in a statement.
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APNAC also highlighted further efforts to water down the anti-corruption laws by questioning more propsed amendments to sections 45 (2) (b) and (c) of the same act. The amendments would free public officials from accountability for non-compliance on procurement laws and unplanned projects.
Before any amendments are made, APNAC warns that the appropriate steps must be taken including public consultations and oversight by the Ethics and Anti-Corruption Commission and the Office of the Auditor General.
Some of the MPs present were Okiyah Omtatah, Amos Mwago and Catherine Omanyo.
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