Mbeere North MP Geoffrey Kariuki Iruku tabled a bill in Parliament seeking to protect political leaders from prosecutions over the misuse of public funds and the unlawful and irregular issuance of tenders.
The MP sponsored the bill, which is before the National Assembly, with the aim of amending the Anti-Corruption and Economic Crime 2003 to remove the criminalisation of flaws in the procurement law.
According to Iruku, the Amendment Bill 2023 will ensure that such matters are considered administrative and therefore should be handled by the office instead of involving criminal prosecution of those holding the office.
“Amend section 45(2) of the EACC Act to remove the culpability prescribed on persons in charge of administration, custody, management, receipt or use of any part of public revenue or public property as administrative flaws as they are capable of being adequately and administratively addressed,” the bill reads in part.
If the bill is passed, offenders will have the leeway to abuse procurement laws without facing any accountability.
According to the EACC Act 2003 section 45(2), an officer or person whose functions concern the administration, custody, management, receipt or use of any part of the public revenue or public property is guilty of an offence.
The bill explains that legal action can be taken against the officer holding office if they “willfully or carelessly fail to comply with any law or applicable procedures and guidelines relating to the procurement, allocation, sale or disposal of property, tendering of contracts, management of funds or incurring of expenditure,” the rads in part.
However, EACC noted with concern that the bill does not clarify how the proposed administrative action will be effected as public officers will have room to negotiate cases against them concerning allocating themselves tenders.
Ethics and Anti-Corruption Commission (EACC) chairperson David Oginde earlier on May 9, acknowledged that corruption was Kenya's worst enemy and that it was deeply rooted.
He reiterated his commitment to end the theft of public funds by unscrupulous individuals assuring Kenyans of his personal commitment to provide leadership in the formulation of effective anti-corruption strategies and promotion of ethics, integrity and good governance.
"Corruption continues to adversely impact every aspect of public life, especially the most vulnerable in the society. There is no doubt that this is the one thing that we must work at taming, if this country is to join the League of developed nations," Oginde stated.
