Storm Over Proposal to Lock Out Bishops from EACC Helm 

The Ethics and Anti-Corruption Commission (EACC) has opposed a bill seeking to change the qualifications of the Chairperson of the anti-graft agency.

The Ethics and Anti-Corruption Commission (Amendment) Bill, 2024 proposes that the Chairperson of the Commission should be an individual who is qualified to hold the office of a judge of the High Court under the Constitution.

Appearing before the Justice and Legal Affairs Committee on Wednesday July 31, EACC Deputy CEO Abdi Mohamud opposed the proposed amendment saying the restriction of the post to legal profession will limit diversity in the leadership of the commission.

“Restricting the role of the EACC Chairperson to the legal profession while locking out candidates from non-legal backgrounds may limit diversity in the Commission’s leadership,” Mohamud stated.

“This could result in a lack of diverse competencies and expertise necessary for the Commission’s effective performance.”

He argued that the Commission does not necessarily have to be led by a lawyer in order to effectively discharge its mandate.

Furthermore, Mohamud stated that within EACC organization structure, the Commission has a fully established Directorate of Legal Services, with some of its officers’ holding qualifications of a Judge of a superior court.

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“The functions of the directorate include reviewing evidence in the course of investigations to ascertain it meets the legal threshold and advising the commission on any legal issue before it,” he said.

“Restricting the role of the legal profession may limit diversity in the leadership of the commission. Excluding candidates from other professions or backgrounds could result in a lack of diverse competencies and expertise,” Mbarak said.

The Bill seeks to amend Section 5 (1) of the EACC Act 2011 to require all future Chairpersons of the Commission to be only lawyers.

EACC further argued that Legal professionals may possess strong legal expertise but lack skills and leadership experience in other areas relevant to anti-corruption work, such as investigation techniques, financial analysis, corruption prevention and advocacy. 

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Meanwhile, the Antigraft Agency mentioned that the proposal could result in missed opportunities for innovation and improvement within the Commission as candidates without legal backgrounds may have fresh ideas, innovative approaches, and diverse skill sets for the role.

Additionally, the commission outlined that the position of Chairperson of EACC and its predecessor institutions has previously been held by lawyers qualified to hold the office of a judge of the High Court, now proposed in the Bill.

“Based on the Commission’s experience so far, there is no added advantage in having a lawyer over the other professionals at the helm of EACC,” the agency said.

“Further, EACC Chairpersons serve on a part-time basis with functions related to strategy and policy that are not operational in nature to warrant a legal mind.”

Under the current provision, the EACC Act 2011 states that “a person shall be qualified for appointment as chairperson if that person meets the requirements of Chapter Six of the Constitution, holds a degree from a university recognised in Kenya, has knowledge and experience of not less than 15 years in ethics and governance, law or public administration.

The proposal follows two consecutive terms of the commission being led by bishops. Bishop David Oginde, appointed by President William Ruto in May 2023, currently heads the EACC.

He succeeded Bishop Eliud Wabukala, who was appointed by former President Uhuru Kenyatta to lead the Anti-graft Agency in 2017.

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