Anti-graft crusaders have raised concerns about Homa Bay Town Member of Parliament Peter Kaluma's proposal to amend the Anti-Corruption and Economic Crimes Act 2023.
Kaluma, on Thursday, June 29, proposed repealing Section 64 of Chapter Six of the Constitution, which disqualifies corruption convicts from holding public office.
"The objective of this bill is to amend the Anti-Corruption and Economic Crimes Act 2003 to delete the provision for disqualification of persons convicted of corruption or economic crimes from being elected or appointed as public officers.
"This bill does not delegate legislative or contain any provisions limiting any fundamental right or freedom," reads the proposal in part.
The MP is a member of the ODM Party, which is led by former Prime Minister Raila Odinga. Odinga is internationally recognized for his efforts in advocating for democracy and his unwavering dedication to combating corruption.
During the 2022 General Election campaigns, Odinga listed fighting corruption as his priority if elected as President.
"President (Retired) Uhuru Kenyatta said the country loses Ksh2 billion daily to corruption and theft. This is unacceptable for taxpayers who are struggling to make a living. I know the loopholes and where these corruption activities thrive, and I will deal with them," Odinga pledged.
Nonetheless, the lawyer is already facing stiff opposition from anti-graft crusaders who want the bill withdrawn. Kaluma was accused of seeking to offer more leniency to corrupt individuals.
Constitutional lawyer, Ekuru Aukot, was among those who voiced their reservations, warning that Bill is retrogressive as it would undo all the efforts made to combat corruption.
"A good lawmaker ought to propose laws that rid society of the rot and deplorable. But then again, should we be surprised? Aukot, who was part of the team that drafted the 2010 Constitution, wondered.
"There is nothing distinguished about a legislator who proposes amendments that will tear down the walls of integrity and make a mockery of accountability in our governance. Is this the ODM & Azimio position?" Political analyst and governance expert, Javas Bigambo posed.
The Ethics and Anti-Corruption Commission (EACC) also warned that repealing the clause would eliminate the deterrence factor inherent in the current provision, which bars persons convicted of corruption from holding public office for 10 years from the date of their conviction.
As per the current law, the Ethics and Anti-corruption Commission (EACC) is also required to publish the names of graft convicts yearly.
EACC was said to have further cautioned that weak anti-corruption laws offered significant obstacles to its intensified war against graft.
In March 2023, Transparency International ranked Kenya as the 57th most corrupt country out of 180 sampled nations. Kenya moved seven steps lower, having been ranked 49th in 2021 in the Transparency International Corruption Perception Index report.
