Uhuru’s plan to appoint new EACC commissioners faces legal hitch

The hiring of new Ethics and Anti-Corruption Commissioners and its chairperson may be derailed by a new bill that seeks to amend the EACC Act.

The proposed law seeks to increase the number of commissioners to five who will serve on a part-time basis, and the move is aimed at ensuring the EACC secretariat has more powers than the commissioners. President Uhuru Kenyatta had kick-started the process of replacing Matemu Mumo, Irene Keino and Jane Onsongo who all resigned, but the EACC (Amendment) Bill may halt the process.

The process of hiring the new commissioners is governed by an Act of Parliament. A special team appointed by President Kenyatta is already in the process of hiring the chairman and two commissioners.

Those seeking to head the anti-graft body have until July 6 to apply for the position.

Sunday, Attorney General Githu Muigai said amendment of the EACC Act will have ramifications on the hiring of the new officers 'if and when it's clear that the law will be amended'.

"Should it become apparent that the parliamentary process to change the law will succeed, we will have no choice but to the process of recruitment on hold," said Prof Muigai.

However, the AG said the process can still go on, but those picked will have to be informed that the terms of their contracts may change once the new law is in place.

National Assembly Majority Leader Aden Duale acknowledged the dilemma whether the exercise should continue.

Cancel advertisement

"It is true that if the bill is passed, it will have implications on the terms of employment and the size of the commission. The Attorney General will write to the Public Service Commission to advise on the withdrawal of the advertisement calling for applicants," Mr Duale said.

Duale said he expects the bill to be backed by both sides of the House because it is driven by the Justice and Legal Affairs Committee.

"We don't want to create two centres of powers at the commission," Duale said explaining the rationale of the bill that essentially empowers the EACC secretariat.

Justice and Legal Affairs Committee Chairman Samuel Chepkonga tabled the EACC (Amendment) Bill for the First Reading last week and asked that it be fast-tracked.

"This bill ought to have been published much earlier. We were hoping to have the bill debated and passed before the President appoints the selection panel," said Mr Chepkonga.

The nine-member selection panel chaired by Supreme Court judge Smokin Wanjala has been holding meetings as it plan to start the exercise.

The other members of the selection panel are Gladys Kianji (Association of Professional Societies in East Africa), Winfred Lichuma (National Gender and Equality Commission) and Maryanne Njau-Kimani (Office of the Attorney General).

Others are Sheikh Adan Wachu (Inter-Religious Council of Kenya), Peter Wakoli (Media Council of Kenya), Titus Ndambuki (Public Service Commission), Kennedy Kihara (Office of the President) and Kagwiria Mbogori of the Kenya National Human Rights Commission.

The proposed law gives the President a maximum of 21 days to set up a selection panel to replace a commissioner who quits. Currently, there are no timelines.