Africa-Press – Kenya. The Ethics and Anti-Corruption Commission has called upon the National Assembly to reject the proposed amendments contained in the Anti-Corruption and Economics Crimes (Amendment) Bill, 2023.
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).
The provisions include the failure to follow procurement guidelines and engaging public funds in an unplanned project.
Speaking on Monday, EACC Deputy CEO Abdi Mohamud said the targeted section will take away the criminal culpability placed on persons who commit offences relating to protection of public property.
Mohamud noted that the proposal deduces that procurement graft offences are merely administrative flaws that can be adequately handled through administrative mechanisms instead of criminal prosecution.
He, however, dismissed this, adding that any legal amendment to the existing anti-corruption laws should be aimed at strengthening them and not creating loopholes for perpetrators of corruption.
He added that administrative action could not “cure” the gaps that were going to arise in the case that the bill is passed.
“Substituting criminal sanctions with administrative action for such grave offences can only serve to embolden the perpetrators of corruption and economic crimes,” he said.
Mohamud further said if passed, the amendments would encourage the expenditure of public funds on unbudgeted projects and compromise the cautious utilisation of public resources.
He spoke during the official opening of the Joint EACC-KISM Workshop for Procurement Practitioners in Kenya at Flamingo Pride Inn Hotel in Mombasa on Monday.
“It is for this reason that the Commission calls upon the National Assembly to reject the Bill proposed by Mbeere North MP seeking to repeal crucial provisions of the Anti-Corruption and Economic Crimes Act, 2003, which will, in effect, weaken the fight against corruption,” Mohamud said.
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