Kenyans who have been charged with corruption including politicians will not be allowed to access their offices if a recommendation by the Ethics and Anti-Corruption Commission (EACC) is applied.
EACC on Tuesday, May 14, 2024, recommended changes to the Anti-Corruption Act seeking to bar those charged with corruption access to their offices to prevent witness and evidence interference.
The anti-graft body Chief Executive Officer (CEO) Twalib Mbarak made the recommendation while speaking during the launch and release of the EACC Annual Report, Financial Year (FY) 2022/23 at Integrity Centre.
According to Mbarak, the recommendation will give the Commission full mandate to prevent corrupt leaders from being allowed to serve in public offices.
“The commission recommends amendments to the Anti-Corruption and economic crimes Act in order to make it clear that a person charged with corruption and unethical conduct will be barred from accessing their offices to avoid them interfering with witnesses and evidence,’’ he said.
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EACC on Corrupt Officials
On his part, EACC chairperson David Oginde stated that public officials charged with corruption utilize their position of authority to obstruct their detention and the investigation process.
In turn, the commission has had difficulties looking into allegations of corruption against such officials.
“When a person is still in office, they have power because they can deny you access to particular documents, interviewing individuals as well as intimidation which has put the lives of our officers at risk and in serious danger,” said Oginde.
EACC launched its Annual Report, Financial Year (FY) 2022/23 which detailed the activities undertaken by the Commission during the reporting period.
The Annual report on all activities of the commission covered the period between July 1, 2022, and June 30, 2023.
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These included the corruption reports received, investigations undertaken, cases recommended to the DPP for prosecution and those completed in court in the FY 2022/2023.
Also contained in the report were details of unexplained wealth and corruptly acquired public property recovered from thieves and returned to the public.
The commission further reported on individuals who had stolen the property, corruption transactions disrupted before execution and details of matters resolved through Alternative Dispute Resolution (ADR).
EACC also recommended amendment to the leadership and Integrity Act 2012 as well as the development of model procedures for prevention of corruption and bribery.
According to the Commission, the procedure guidelines will help prevent bribery and corruption acts for both public and private entities in line with the Anti-Bribery Act, 2016 and the Anti-Bribery Regulations, 2022.
Annual Anti-Corruption Report
During the launch of the annual report, the commission revealed that it completed investigations into 97 cases on corruption and economic crimes.
Also, EACC traced illegally acquired and unexplained assets amounting to Ksh6.63 billion between the period, with Ksh3.8 billion recovered by the commission through court proceedings and out-of-court settlements.
On the other hand, 62 recovery suits worth Ksh8.7 billion were filed the commission.
In addition, the Commission revealed that 214 corruption, economic crimes and unethical conduct cases are pending before court with 31% of the cases under investigation being on bribery.
The Report further outlined the measures taken to promote ethics in the Kenyan society and prevent corruption in the National Government, counties, and the private sector.
The recommendation by EACC will be a huge blow for officials including politicians who have pending corruption charges.
This week alone, former Director General of the National Museums of Kenya Dr. Mzalendo Kibunja and three former Governors are among notable graft suspects whose cases are coming up in court.
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