MPs block Bill raising graft fines to Sh10m

Parliament Wednesday rejected a Bill that had sought a tenfold increase in the maximum fines for graft to Sh10 million or jail terms not exceeding a decade.

MPs voted by acclamation to defeat the Anti-Corruption and Economic Crimes (Amendment) Bill, 2019, which was sponsored by Kiharu MP Ndindi Nyoro.

Majority of the MPs voted “no” when Deputy Speaker Moses Cheboi put the Bill to the vote after lawmakers concluded debating the proposed law at the Second Reading.

Had the Bill sailed through, it would have gone one step away from receiving presidential assent to become law. However, its fates casts a pall on the political leadership’s commitment to tackle corruption.

Mr Nyoro had sought to amend the Anti-Corruption and Economic Crimes Act, 2003 to increase the minimum penalties for graft in an effort to curb theft of public funds and assets.

“As it is at present, a person convicted of an offence under the Act is liable to a fine not exceeding Sh1 million or to imprisonment for a term not exceeding ten years or both,” Mr Nyoro said in the Bill’s memorandum of objects and reasons.

The MP argued that enhanced penalties were needed to curb the surge in corruption cases in the country.

The Committee on Delegated Legislation, which scrutinised the Bill ahead of debate in the House, had advised MPs to reject the proposed law, arguing that imposition of higher penalties would violate the rights of an accused person to a fair trial.

The committee chaired by William Cheptumo said the provision for minimum penalties would have taken away the discretion of magistrates and judges to impose appropriate punishment depending on the circumstances of each case.

“The committee recommends that the House rejects the Bill,” Mr Cheptumo told the House plenary in the report on the Bill.

Critics have accused President Uhuru Kenyatta of failing to deal with corruption, despite his promises to do so when he was first elected in 2013. Although in recent months more people have been charged with corruption, successful prosecutions are still rare.

Scores of top government officials and business people are facing various charges related to corruption and the cases are at various stages of hearing. None has been concluded in recent months.

Among those whose trials are ongoing are suspended Treasury Secretary Henry Rotich, former National Land Commission chairman Muhammad Swazuri, Kenya Railways Corporation managing director Atanas Maina, Deputy Chief Justice Philomena Mwilu, the CEO of Kenya Power and the head of Kenya Pipeline Company among others.

Shortly after the Bill was lost, Minority Leader John Mbadi said MPs should have approved the Bill subject to amendment.

“This is the first time a Bill has been lost at Second Reading in the current term of Parliament,” Mr Mbadi said while rising on a point of order.

Mr Nyoro blamed corruption cartels for his Bill’s defeat.