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Rule of law means that citizens and those who govern them should obey the law. On the 9th of July, the National Assembly proposed two controversial amendments to the Ethics and Anti-Corruption Commission (Amendment) bill 2015.
One proposal is to have the Public Service Commission (PSC) recruit EACC Commissioners where a vacancy arises. This is utter disregard of Article 249(2) of the Constitution which secures the independence of Constitutional Commissions and Independent Offices.
The second proposed change is to have the Offices of the Secretary and Deputy Secretary to the Commission become vacant upon the commencement of the Act which effectively and un-procedurally terminates the terms of service of the incumbent. This is in breach of the EACC 2011 act which clearly stipulates the grounds on which the Secretary may be removed from office.
The EACC (Amendment) Bill, 2015 was passed in the National Assembly with these provisions and now awaits presidential assent.
The only positive proposal put forward was the need to increase the number of Commissioners from three to five as well as provide for the Chairperson and the, members of the Commission to serve on a part-time basis. Otherwise, the other two controversial clauses water down the EACC’s management.
In fighting corruption in Kenya, Parliamentarians must exercise sober judgement and demonstrate leadership. Parliamentarians, should never allow other public officials, let alone themselves, to operate outside the law, either by exercising a power they are not entitled to employ, or by using it in a way that violates the law. They need to exercise power only where they have legal authority to do so.
Parliamentarians seem to be aggrieved by the List of Shame which included some of them yet they want the commission to work and end corruption in Kenya. It is double speak that has no place in a progressive country.
MPs need to recognize that the EACC is an independent commission and as such, proposing changes to it frequently will affects its service delivery and derail the war against corruption. They need to appreciate that as a core institution of governance, it should only be supported to realize a better, integrity filled country.
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