The Ethics and Anti-Corruption Commission (EACC) has raised concerns over amendments to the anti-corruption law proposed by Mbeere North MP Geoffrey Ruku.
Speaking in Mombasa on Monday, June 12, 2023, EACC Deputy CEO Abdi Mohamud said the amendments, if approved, will kill investigations and open a floodgate of scandals through abuse of the procurement process.
Mohamud revealed that over 80 per cent of the forensic investigations undertaken by EACC involve procurement flaws and for this reason, the anti-corruption law needs to be strengthened instead of being weakened through such amendments.
“The milestones realised in the prosecution of corruption offenders and recovery of unexplained wealth are largely stemming from non-compliance with procurement laws, guidelines and procedures, which the proposed Bill seeks to delete from the law,” Mohamud said.
According to EACC, the proposed Bill seeks to repeal crucial provisions of the Anti-Corruption and Economic Crimes Act of 2003, which will, in effect, weaken the fight against corruption.
Specifically, the Bill seeks to amend section 45(2) of the Act by deleting the two offences prescribed in Section 45(2)(b) and (c) namely the failure to follow procurement guidelines and engaging in a public project without prior planning.
The provisions targeted for deletion place criminal culpability on public officials with the responsibility of protecting public funds.
According to the proposed Bill, procurement flaws and expenditure of public funds in unplanned projects that are proposed to be de-criminalized are administrative flaws that can be adequately handled through administrative mechanisms instead of criminal prosecution.
“EACC finds this argument inaccurate and contends that legal amendments to the existing anti-corruption laws should always have the effect of strengthening them but not creating legal escape routes for perpetrators of corruption,” he added.
Mohamud said that substituting criminal sanctions with administrative action for grave corruption offences like those arising from procurement can only serve to embolden the perpetrators of corruption and economic crimes.
He says that the amendments would encourage the expenditure of public funds on unbudgeted projects and compromise the prudent utilisation of public resources.
EACC priority
Mohamud said that at the moment, EACC is prioritising the investigation of cases that involve the theft of public funds, most of them arising from fraudulent and skewed procurement processes in both national and county governments.
Among them is Siaya County where he revealed that files relating to the alleged theft of Ksh1 billion will be ready in two weeks.
EACC says that non-compliance with procurement laws and guidelines has resulted in criminal sanctions against offenders and the recovery of billions of public funds acquired through fraudulent procurement processes.
