Withdraw EACC (Amendment) Bill 2024

MEMORANDUM BY THE NATIONAL COUNCIL OF CHURCHES OF KENYA TO THE NATIONAL ASSEMBLY ON THE ETHICS AND ANTI CORRUPTION COMMISSION (AMENDMENT) BILL, 2024

AUGUST 2024

Mr Samuel Njoroge, CBS

Clerk of the National Assembly

P. O. Box 41842, 00100

NAIROBI

Preamble

The National Council of Churches of Kenya (NCCK) is a committed promoter of constitutionalism and the rule of law, and has been a lead actor in this sector for more than 110 years. The NCCK has for more than a century promoted and advocated for accountability and anti-corruption, holding that transparent management of public resources is a primary requirement for all responsibility holders.

The NCCK strongly welcomed Chapter Six of the Constitution of Kenya, which lays out the leadership and integrity requirement that leaders should hold. The Ethics and Anti Corruption Commission was established to carry out functions provided for under Article 252 and Chapter Six of the Constitution.

Ethics and Anti Corruption Commission (Amendment) Bill, 2024

In view of the foregoing, the NCCK recommends that the Ethics and Anti-Corruption Commission (Amendment) Bill 2024 be vacated in toto. This is because the proposed amendment will offend the letter and spirit of the Constitution of Kenya 2010 which the National Assembly is obligated to protect. We especially highlight the following offences:

There is no justification provided for changing the qualifications of the Chairperson of the Commission to limit it to persons who are in legal practice
There is no evidence provided anywhere that only persons qualified to be judges can lead the war against corruption
The Ethics and Anti Corruption Commission does not carry out legal processes or prosecutions, and thus there no compelling need for the Chairperson to be qualified to be a Judge of the High Court
The limitation of the qualifications to only persons in the legal profession will breach Article 27 (4) of the Constitution of Kenya by discriminating against all other Kenyans qualified as per the Ethics and Anti-Corruption Act 2011

The NCCK considers the proposed amendment of the Ethics and Anti-Corruption Act to be an attack on the Commission for firmly pushing for accountability by issuing true reports on the corrupt actions by individuals and institutions. The fact that the National Assembly ignored the report by the EACC on the Cabinet Secretary nominees manifests its unwillingness to promote ethics and accountability.

Conclusion

In conclusion, we in in the NCCK urge the National Assembly to decisively to safeguard integrity by protecting the Anti Corruption Commission from those who would weaken and even kill it.

On our part, we remain committed to supporting ethics, integrity and accountability and promoting constitutionalism and rule of law.

Signed on this 22^nd day of August 2024 at Jumuia Conference and Country Home, Limutu, by the 65^th General Assembly.

Archbishop Timothy Ndambuki

CHAIRMAN

Rev Canon Chris Kinyanjui

GENERAL SECRETARY