Kenya: Attacks on commissions, independent offices water down their watchdog role

Attacks on commissions and independent offices that the Constitution envisaged would operate without interference have recently raised concern.

The Ethics and Anti-Corruption Commission (EACC), National Land Commission (NLC) and the office of the Auditor General have had to fight off interference at different occasions.

For the EACC, Executive influence was cited for the subsequent resignations of three commissioners. And the EACC Act was amended to change the mode of recruitment of new commissioners, whose number was raised to five, by eliminating the requirement for a selection panel drawing membership from diverse groups.

Instead the hiring will now be done by the Public Service Commission (PSC), which only had a representative on the selection panel. Similar changes are being canvassed by the executive for the NLC, which has persistently engaged in turf wars with top Lands ministry officials.

Damning report

The Auditor General, who recently released a damning report questioning spending of Sh61 billion by the Government, told a parliamentary committee his staff have received threats. Some Jubilee leaders, including MPs, were on a campaign to discredit the Auditor General.

A clause in the presidential memo on the Public Audit Bill, 2015 sought to make the Auditor General’s office subservient to the Public Service Commission (PSC), which MPs believe will weaken the independent office hence exposing public coffers to looting.

In July, the National Assembly came under fire for proposing that the PSC be given the mandate to recruit the EACC secretariat. The secretariat is responsible for the running of daily operations of the anti-graft agency.

The EACC Amendment Bill, drafted by the Justice and Legal Affairs Committee, also recommended the removal of EACC Chief Executive Halakhe Waqo and his deputy Michael Mubea.

The tinkering with the EACC laws have been criticised on grounds that it is an affront to the principles of good governance.

For example, there are arguments that since EACC is expected to be an independent body, subjecting the recruitment of the secretariat to the PSC could undermine its independence.

“Recruitment of EACC commissioners through the PSC could potentially undermine their independence since PSC is among the bodies subject to investigations by EACC.

The recruitment of the commissioners should still be conducted by an adhoc select panel,” said Transparency International Kenya Executive Director Samuel Kimeu. President Uhuru Kenyatta is yet to assent to the bill.