TI criticises scrapping of anti-graft laws

Transparency International-Kenya on Friday criticised the withdrawal of tighter anti-corruption laws, saying the move could derail the war on graft.

TI executive director Sheila Masinde raised concern about the ability of multi-agency efforts to tackle corruption. She noted the EACC and Assets Recovery Agency reportedly have been feuding over rights to recover assets.

“The recent withdrawal of the Miscellaneous Amendment Bill, 2020 proposing amendments to a number of anti-corruption laws could lead to a lost opportunity to bolster anti-corruption efforts.

“We expect the responsible agencies to find common ground and return the amendments to Parliament to move anti-corruption efforts forward,” Masinde told the Star.

TI is a non-governmental organisation advocating a corruption-free society through good governance and social justice.

Last week, the government withdrew from Parliament its proposed radical anti-corruption laws seen as a major boost to the corruption war.

It is understood the turf wars between key fighting graft forced the National Assembly Majority leader to withdraw the amendments.

The Assets Recovery Agency protested against the Bill, arguing the Ethics and Anti-Corruption Commission would encroach on what it called its exclusive mandate to seize assets.

The Bill sought, among other measures, to amend the Proceeds of Crime and Anti-Money Laundering Act (Pocamla) to include EACC officers among those authorised to seize assets.

The proposals would also require the DPP and the EACC Chief Executive Officer to sit on the Anti-Money Laundering Advisory Board.

The ARA said, however, the provisions would give to the EACC its own exclusive mandate to fight corruption. It said the anti-graft watchdog should investigate bribery and corruption and leave assets tracing and recovery to ARA.

TI’s Masinde said the ongoing recovery of stolen assets or those acquired through proceeds of corruption is a step in the right direction.

She said the state should pursue all ill-gotten wealth since Independence.

Such a move would affect many prominent people and families.

“We have seen some progressive outcomes on asset recovery in the recent past. All efforts should be pursued to recover stolen public funds and hold those responsible accountable. It should be complemented by lifestyle audits to recover all illicitly acquired assets,” Masinde said.

On Thursday, Justice Mumbi Ngugi allowed forfeiture to the State of some properties believed to be proceeds of crime acquired with funds syphoned from the National Youth Service.

The total funds in the NYS I scandal are estimated to be Sh791 million. The suspects are required surrender a maisonette in Kasarani, a plot in Ruiru and four Toyota Prados.

Concerning claims of misappropriated Covid-19 funds, Masinde said, “There is lack of transparency and accountability in the management of the resources.”

She said opaqueness marred the government’s handling of resources, leading to missing Personal Protective Equipment meant for medics.

“All expenditure incurred in Covid-19 response efforts should be subjected to regular internal audits. The Office of the Auditor General should immediately audit all funds raised, allocated and disbursed to Covid-19 response efforts to date,” Masinde said.

Masinde said it is paramount to have a public information portal on Covid-19 with all information including resource allocations and expenditure at national and county levels.

She said information must cover donations in cash and kind and other pertinent information as guaranteed under Article 35 of the Constitution on access to information.

The TI boss also called for the Public Procurement Regulatory Authority to publish market prices for all equipment and other medical supplies. This would guide procurement PPEs and other essentials and prevent purchase at inflated prices, she said.

(Edited by V. Graham)