SPECIAL ISSUE Kenya Gazette Supplement No. 47 (National Assembly Bills No. 11) REPUBLIC OF KENYA KENYA GAZETTE SUPPLEMENT NATIONAL ASSEMBLY BILLS, 2024 NAIROBI, 4th March, 2024 CONTENT Bill for Introduction into the National Assembly — PAGE The Ethics and Anti-Corruption Commission (Amendment) Bill, 2024 327 NATIONAL ASSEMBLY DIFFCTORATE OF TEC‘ SEPMICES ReCHIV ED | C5 MAR 2026 P.O. Box 41842 - 00100, NAIROBI | PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI
327 THE ETHICS AND ANTI-CORRUPTION COMMISSION (AMENDMENT) BILL, 2024 A Bill for AN ACT of Parliament to amend the Ethics and AntiCorruption Commission Act ENACTED by the Parliament of Kenya, as follows— 1. This Act may be cited as the Ethics and AntiCorruption Commission (Amendment) Act, 2024. 2. Section 5 of the Ethics and Anti-Corruption Commission Act, 2011 (in this Act referred to as the "principal Act") is amended by deleting sub-section (1) and substituting therefor the following new subsection — "(1) The chairperson of the Commission shall be a person who is qualified to hold the office of a judge of the High Court under the Constitution." 3. Sections 2 of this Act shall not apply to a person who immediately before the commencement of this Act was serving as a Chairperson of the Commission. Short title. Amendment of section 5 of No. 22 of 2011. Saving provision.
328 The Ethics and Anti-Corruption Commission (Amendment) Bill, 2024 MEMORANDUM OF OBJECTS AND REASONS Statement of objects and reasons The principal object of this Bill is to amend the Ethics and AntiCorruption Commission Act No. 22 of 2011 to prescribe the qualifications for appointment of a Chairperson of the Commission. The Bill seeks to give effect to some of the recommendations and views of the public that were submitted during the national dialogue discourse on the Issues of Electoral Justice and Related Matters; Outstanding Constitutional Matters; Fidelity to Political Parties/Coalitions and the law on multiparty democracy; Entrenchment of the National Government Constituencies Development Fund; the Senate Oversight Fund and the National Government Affirmative Action Fund and Establishment and Entrenchment of State Offices. Clause 1 of the Bill sets out the short title of the Bill. Clause 2 of the Bill amends section 5 of the Act to prescribe the qualifications for appointment of a Chairperson of the Commission. The clause provides that the Chairperson of the Commission shall be a person who is qualified to hold the office of judge of the High Court under the Constitution. Clause 3 of the Bill is a saving provision and provides that the Act shall not apply to a person who immediately before the commencement of the Act was serving as a Chairperson of the Commission. Statement on the delegation of legislative powers and limitation of fundamental rights and freedoms The Bill does not delegate legislative powers nor does it limit fundamental rights and freedoms. Statement that the Bill does not concern county governments. The Bill does not concern county governments in terms of Article 110 (1) (a) of the Constitution and it does not affect the functions and powers of county governments recognized in the Fourth Schedule to the Constitution. Statement that the Bill is a money Bill within the meaning of Article 114 of the Constitution The enactment of this Bill may not occasion additional expenditure of public funds. Dated the 29th February, 2024. KIMANI ICHUNG' WAH, Leader of the Majority Party. OPIYO WANDAYI, Leader of the Minority Party.