Ombudsman’s opinion on restructuring EACC to increase number of commissioners

NAIROBI: The attention of the Commission has been drawn to the Ethics and Anti-Corruption Commission (Amendment) Bill, 2015, as contained in the Special Issue of the Kenya Gazette Supplement No. 87 (National Assembly Bills No. 33). The Bill, which has since been passed by the National Assembly, seeks to restructure the Ethics and Anti-Corruption Commission (EACC) by changing the terms of the Commissioner from full-time to part-time and increasing their number from Three to Five. We have considered the proposed amendments and noted that they seek to fundamentally change the structure of EACC. In particular, the amendments are likely to concentrate power in the hands of the Commission Secretary which is a departure from the present situation where it is dispersed for accountability and objectivity. We have also noted that the amendments have been introduced in the National Assembly for debate even before the publication and consideration of the report of the Task Force on Review of the Legal and Regulatory Framework for Fighting Corruption of which the Commission is a member.   

While the Commission appreciates the efforts by the Government towards strengthening the fight against corruption and promotion of integrity, we have noted that the proposed amendments raise a number of Constitutional and legal issues that relate to the structure of EACC and good governance in general. The above matters are of utmost importance to the public and should, therefore, be considered before making the amendments to not only strengthen EACC, but also ensure that the actions are in consonance with the Constitution. In accordance with our mandate under Article 59(2) (h), (i) & (j) of the Constitution as read with Section 8(h) of the Act, we hereby render our Advisory Opinion on the matter.