- The institutions noted that since its establishment of the Anti-Corruption and Economics Crimes Act in 2003, section 45 has been key in the successful prosecution of persons involved in graft.
- They said the cases under the Ethics and Anti-Corruption Commission have been procurement related.
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Civil society organisations under the promotion of good governance and the rule of law have opposed the proposed amendments contained in the Anti-Corruption and Economics Crimes (Amendment) Bill, 2023.
The organisations said the bill if passed, posed a threat to the fight against corruption.
They include the Economic Social and Cultural Rights, Kenya Human Rights Commission, Transparency International Kenya, The Institute for Social Accountability, Mzalendo Trust, Usalama Reforms Forum and Kawangware Youth Paralegal Trust.
The Bill proposed by Mbeere North MP Geoffrey Kariuki Ruku seeks to amend section 45(2) of the Act by deleting the two offences prescribed in parts 2(b)and (c) namely the failure to follow procurement guidelines and engaging public funds in an unplanned project.
It was last scheduled for consideration before the Justice and Legal Affairs Committee of the National Assembly on May 24.
In seeking to de-criminalize non-compliance with procurement guidelines and engagement in unplanned public projects, the Bill terms them as administrative matters that are better addressed through administrative action as opposed to criminal prosecution as is the current case.
The institutions noted that since its establishment of the Anti-Corruption and Economics Crimes Act in 2003, section 45 has been key in the successful prosecution of persons involved in graft.
They said the cases under the Ethics and Anti-Corruption Commission have been procurement related.
The groups added that graft results in the loss of approximately one-third of the country's budget, with procurement leading.
"As such, any attempt to tamper with or weaken these provisions will lead to the inevitable fatality of ACECA and the war on graft," they said.
They said Kenyans needed to stay vigilant and oppose such proposals which will weaken the ACECA.
They acknowledged that President William Ruto is also aware of how the vice of corruption is a barrier to the economic growth of the country.
Ruto issued a proclamation on the fight against corruption declaring that during his tenure, no iota of corruption will be tolerated.
"Besides, public opinions and perception reports have indicated the high levels of corruption in government and the lack of commitment by the government in fighting corruption," they said.
"A proper reflection on these facts leads to the inevitable conclusion that the MP’s proposal is misguided."
The organisations urged JLAC and Ruto to reject the Bill.
"In the highly unlikely event that the Bill goes through Parliament, we ask the President, William Ruto, to reject it as it will only serve to derail his agenda to rebuild Kenya's economy as the proposed amendments only serve to escalate fraud, waste and abuse of public resources amidst a severe economic crisis," they said.
They also called upon all other stakeholders to oppose the Bill.
The organisations' members included EACOR regional director Beather Juma Kokach, KHRC executive director Davis Malombe, Transparency International Kenya executive director Sheila Masinde, The Institute for Social Accountability National Coordinator Diana Gichengo, Mzalendo Trust executive director Caroline Gaita, Caleb Wanga of Usalama Reforms Forum and Michael Oduor from Kawangware Youth Paralegal Trust.