The Lower Eastern Times Opening The Third Eye
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MPs have turned down Homa Bay Town MP Peter Kaluma’s proposal to allow individuals convicted of corruption to hold public office.
The Justice and Legal Affairs Committee (JLAC) of the National Assembly recommended rejecting Kaluma’s suggested legal amendments, which aimed to repeal Section 64 of the Anti-Corruption and Economic Crimes Act, 2003.
This section currently disqualifies individuals convicted of corruption from being appointed or elected to public office for 10 years. The committee, headed by MP George Murugara, proposed a new amendment to delete Clause 2 of Section 64, extending the ban to elective offices and making it a permanent prohibition.
The committee argued that this change would align with Article 75(3) of the Constitution, which disqualifies state officers found to have acted outside prescribed conduct from holding any other state office. The report emphasized that Kaluma’s Bill is inconsistent with this constitutional provision and warned that its acceptance would weaken the fight against corruption by loosening laws governing corruption and economic crimes.
The Ethics and Anti-Corruption Commission strongly opposed the Bill, stating that it would undermine constitutional imperatives on governance and weaken the framework for implementing Chapter Six of the Constitution.
Other organizations opposing the Bill include the Office of the Directorate of Public Prosecution, Transparency International, the Law Society of Kenya, Mzalendo Trust, and the Independent Electoral and Boundaries Commission.
However, the Kenya Law Reform Commission (KLRC) supported the Bill, asserting that it is inconsistent with the provisions of Article 75(3) of the Constitution.
