House team approves Bill seeking to disband EACC

The Ethics and Anti-Corruption Commission (EACC) will be disbanded and the Independent Office of the Director of Ethics and Prevention of Economic Crimes created with full prosecutorial powers if MPs approve a new Bill.

The National Assembly’s Justice and Legal Affairs committee has approved a constitutional Bill that will repeal the EACC Act.

“The Independent office of a Director of Ethics and Prevention of Economic Crimes is to replace the EACC established under Article 79 of the Constitution to ensure that there is established a strong, independent and adequately constituted agency that enforces Chapter Six of the Constitution and investigates and prosecutes economic crimes,” the Bill states in its memorandum of objects and reasons.

Budalang’i MP Ababu Namwamba is the sponsor of the Constitution of Kenya (Amendment) Bill, which if approved will delink the EACC from depending on the Director of Public Prosecutions (DPP) to prosecute corrupt individuals.

“The director shall not require consent of any person or authority for commencement of criminal proceedings under this Article and in exercise of his or her powers or functions shall not be under the direction or control of any person or authority,” the Bill states.

Currently, the EACC investigates and forwards files to the DPP recommending prosecutions of individuals suspected of corruption.

“The operations of the office shall only be superintended by the National Assembly and the courts,” Mr Namwamba said.

The proposed law will promote the enforcement of Chapter Six of the Constitution on leadership and integrity by ensuring timely investigations, prosecution and determination of acts of corruption and economic crime.

“It shall create a lean and sharper anti-corruption weapon that replaces the bureaucratic commission which has often been hobbled by internal supremacy battles and pressures as recently experienced,” said Mr Namwamba.