Leaders with integrity issues shouldn't be on ballot – EACC

Commission says they have been cleared to run for elections contrary to Chapter 6 of the Constitution

In Summary
  • The commission said that based on EACC Annual Corruption Perception Surveys, there are increased incidents of corruption in election years.
  • "Increased incidents of corruption can be attributed to campaign financing.
Ethics and Anti-Corruption Commission give their views during a meeting with the National Dialogue Committee at the Bomas of Kenya on October 3, 2023.
Ethics and Anti-Corruption Commission give their views during a meeting with the National Dialogue Committee at the Bomas of Kenya on October 3, 2023.
Image: KEITH MUSEKE

The Ethics and Anti-Corruption Commission has decried that persons with questionable integrity have continued to be allowed to run for elective positions.

In a presentation to the National Dialogue Committee, EACC chair David Oginde and CEO Twalib Mbarak said tainted Kenyans have also continued to be appointed to public office.

They observed that persons with integrity issues have been cleared to run for elections or appointed to state and public office contrary to provisions of Chapter Six of the Constitution.

"This perpetuates impunity and continued unethical conduct. EACC proposed enhancement of procedures and mechanisms for vetting of persons for election and appointment to state and public office," Oginde said.

"This will entail amendment of the Leadership and Integrity Act for effective administration of Chapter Six of the Constitution which will ensure selection based on competence, suitability and personal integrity."

The commission said that based on EACC Annual Corruption Perception Surveys, there are increased incidents of corruption in election years in the form of embezzlement, fraud, bribery and misuse of public resources.

"Increased incidents of corruption can be attributed to campaign financing. Public resources such as motor vehicles and staff have also been used irregularly to support aspirants serving in public positions," the commission added.

EACC recommended the operationalisation of the Election Campaign Financing Act 2013 to streamline campaign financing.

The commission added that state and public officials implicated in corruption continue to hold office until all possibilities of appeal or review are exhausted.

It added that county governors exercise executive powers without commensurate accountability.

"EACC submitted that most instances of corruption in county governments are instigated by governors through proxies yet they remain principal beneficiaries," Mbaruk said.

"Whereas the accounting officers who are mainly chief officers who are held responsible, the principal beneficiaries often escape responsibility and accountability." 

The commission proposed legislative amendments to hold governors accountable for corruption within counties.

It added that the unique operation of constitutional agencies within the criminal justice sector should be guaranteed budgetary allocation and disbursement without undue interference and bureaucracy.

"EACC has noted delayed disbursement of budgetary allocation thereby hampering effective discharge of its constitutional mandate," the commission added.

It proposed legislative amendments to guarantee operational independence.

The commission said this could be achieved by ensuring adequate budgetary allocation and timely disbursement for the effective discharge of constitutional and statutory mandates.

It further said the government should address conflicts of interest arising from members of oversight committees who are under scrutiny by law enforcement agencies.

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