The Economic Crimes Act needs to be amended
Yesterday the multi-agency task force on corruption appeared before the Senate Legal Affairs Committee (see P7).
Attorney General Kihara Kariuki and Director of Public Prosecutions Noordin Haji insisted that senior government officers with executive powers, charged with a capital offence, corruption or economic crimes, should vacate office until their cases are concluded.
There have been allegations that governors and constitutional office holders have interfered with evidence after returning to office following criminal charges.
There are also ethical as well as practical considerations. Clause 75 of the Constitution says that politicians and officials who infringe the provisions of the Leadership Code should be removed from office.
Unfortunately, Parliament legislated that removal should not happen until they have been convicted and exhausted the possibility of appeal. This was not consistent with the spirit of the Constitution.
Already civil servants have to stand aside if they are charged with a criminal offence.
Requiring constitutional office holders to also step aside would require an amendment to the Economic Crimes Act but this should happen as soon as possible. The ongoing crackdown on corruption should not be thwarted.
Quote of the day: “The philosophers have only interpreted the world, in various ways. The point, however, is to change it."
Karl Marx
The German philosopher died on March 14, 1883