The Ethics and Anti-Corruption Commission (EACC) Chairperson, Bishop David Oginde is looking at a potential dismissal after lawmakers backed a proposed law which could see the end of his term barely a year after assuming office.
According to reports, the National Assembly’s Justice and Legal Affairs Committee convened a meeting on July 31 to discuss and get views from stakeholders on the proposed amendments to the EACC Act.
The EACC (Amendment) Bill, 2024 is part of the nine proposed legislative changes included in the report by the National Dialogue Committee (Nadco).
This is the second piece of legislation to go through Parliament following the IEBC (Amendment) Bill, 2024, which President Ruto enacted into law on July 9.
The proposed law aims to make changes to the academic qualifications required to be EACC chairperson.
Details of the bill Stipulations
Specifically, the amendment stipulates that the chairperson must possess qualifications equivalent to a High Court judge, a standard which Oginde does not meet.
It notes that for one to qualify as a High Court judge, they must meet the following conditions, possess a law degree from a recognized university and have at least 10 years’ experience as an advocate, magistrate, judge or a distinguished academic.
Also Read: Storm Over Proposal to Lock Out Bishops from EACC Helm
However, during the conclusion of the meeting, the committee, led by Chairperson George Gitonga Murugara, voted to remove a clause that would have exempted Oginde from the new qualification requirements.
“The Committee resolved to recommend to the House the approval of the EACC Amendment Bill (National Assembly Bill No.11 of 2024), with an amendment to delete clause 3 which was a saving provision,” read the report in part.
“The Committee noted that there was need to ensure that, after commencement of the Act, the Commission benefits immediately from a chairperson who is a person qualified to be a judge of the High Court, hence the proposed amendment.”
The Removed Clause That Could Have Saved David Oginde
The removed clause, the third of the Bill, stated that the changes would not apply to a person who was serving in the position prior to the approval of the act.
“Section 2 of this Act (on qualifications for the EACC Chairperson) shall not apply to a person who immediately before the commencement of this Act was serving as a Chairperson of the Commission, “read the bill.
If the bill is approved by the National Assembly and is signed by President William Ruto, Oginde could be removed from his position immediately.
EACC Clash with ODPP Over Withdrawal of High-Profile Cases
Since taking office on May 9, 2023, Oginde has faced challenges, including conflicts with the Director of Public Prosecutions (ODPP) over the withdrawal of corruption cases involving high-profile individuals.
The recent conflict ensued following President William Ruto’s appointment of the ex-Kakamega governor, Wycliffe Oparanya, to the Cabinet.
Also Read: ODPP Criticized After Acquittal of Balala in Ksh8.5 billion Graft Case
EACC protested the DPP withdrawal of consent to prosecute Oparanya for alleged graft and abuse of office claiming that the decision was made following Oparanya’s nomination.
“The Commission is of the strong view that the evidence obtained, and availed to your Office, is cogent enough and meets the necessary threshold of proof beyond any reasonable doubt,” said EACC Boss Twalib Mbaraka.
“In view of the foregoing, the Commission reiterates its earlier recommendation to charge ALL the suspects as communicated vide our letter dated December 4, 2023, and concurred with by yourself in a letter dated December 18, 2023,” he added.
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