Home » Media Centre » Press » Decriminalising Procurement Corruption Offences Undermines Anti-Corruption Efforts in Kenya
We, the undersigned civil society organisations working on promoting good governance, rule of law, transparency and accountability in government, wish to unequivocally and in unison express our displeasure on the proposed amendments contained in the Anti-Corruption and Economics Crimes (Amendment) Bill, 2023 sponsored by Mbeere North MP, Geoffrey Kariuki Ruku because they pose a significant threat to the progress made thus far in the fight against corruption.
The bill proposes to repeal two instrumental sections of the Anti-corruption and Economic Crimes Act (ACECA), 2003 – a legal framework for preventing, investigating, and prosecuting corruption-related offences and economic crimes. Hon. Geoffrey Kariuki proposes amendments to sections 45(2) (b) and (c) of the ACECA that specifically address offences related to non-compliance with procurement guidelines and the implementation of unplanned projects.
We aver that the drafters of the ACECA did not intend section 45 to be merely superfluous, lofty or ornamental to the ACT, they intended to have these sections as a substantive bite – to promote responsible and ethical practices in public procurement, ensuring that guidelines are followed and that no officer engages in a project without prior planning, to maintain transparency and accountability. Since the establishment of ACECA in 2003, provisions of section 45 have been instrumental in the successful prosecutions of several individuals involved in corruption. In fact, procurement-related graft cases have been among the most litigated provisions in anti-corruption offences. As such, any attempt to tamper with or weaken these provisions will lead to the inevitable fatality of ACECA and the war on graft. We aver that the drafters of the ACECA did not intend section 45 to be merely superfluous, lofty or ornamental to the ACT, they intended to have these sections as a substantive bite – to promote responsible and ethical practices in public procurement, ensuring that guidelines are followed and that no officer engages in a project without prior planning, to maintain transparency and accountability. Since the establishment of ACECA in 2003, provisions of section 45 have been instrumental in the successful prosecutions of several individuals involved in corruption. In fact, procurement-related graft cases have been among the most litigated provisions in anti-corruption offences. As such, any attempt to tamper with or weaken these provisions will lead to the inevitable fatality of ACECA and the war on graft
Categories: Anti-Corruption .war on corruption
You must login to comment
There are no comments.