Bishop David Oginde faces ouster from the helm of the Ethics and Anti-Corruption Commission.
A parliamentary committee has in a report seen by the Star recommended that a lawyer occupies the post of EACC chairman.
A bill proposed under the National Dialogue Committee process seeks to provide that the EACC chairperson be a person qualified to be a High Court judge.
In a saving clause, the Kalonzo Musyoka and Kimani Ichung’wa-led process suggested implementing the new regime at the end of Oginde’s current six-year term.
Clause 3 of the EACC (Amendment) Bill, 2024, proposed that “where the change in qualification for the appointment shall not apply to the chairperson appointed before the commencement of the Act.”
But the National Assembly Justice and Legal Affairs Committee after considering the Bill, has recommended that the change be effected immediately after President William Ruto assents to the proposed law.
“There is a need to ensure that, after the commencement of the Act, the commission benefits immediately from a chairperson who is a person qualified to be judge of the High Court,” the committee said in its report tabled in Parliament on August 6.
If the bill is approved in plenary as recommended by the House team and assented to by the President, Oginde who took over after the retirement of his fellow clergyman Eliud Wabukala, will be rendered unqualified. His term is to end in May 2029.
Oginde took over during the nascent days of the President Ruto administration.
He holds a PhD in organisational leadership from the US-based Regent University School of Business and Leadership.
He graduated with a Masters in Leadership Degree from Pan African Christian University.
He holds a Bachelor of Architecture from the University of Nairobi, among other theological qualifications.
Should the Nadco process come to fruition, it will be the second time a change of law would occasion such a mega change at the anti-graft agency.
Patrick Lumumba left the commission in August 2011 after then-President Mwai Kibaki signed into law a bill that created the current EACC.
This followed the promulgation of the 2010 Constitution.
It ended the tenure of four other deputies— Wilson Shollei (Finance), John Mutonyi (Investigations), Pravin Bawry (Legal Services) and Jane Onsongo (Education).
The law replaced the Kenya Anti-Corruption Commission.
MPs demanded that all the officers quit to pave the way for the appointment of new commissioners.
Lumumba had been appointed following parliamentary pressure that saw the first director Aaron Ringera forced to resign from office.
He resigned together with founding members Fatuma Sichale and Smokin Wanjala—now judge of the Supreme Court.
KACC was created in 2003 to replace the Kenya Anti-Corruption Authority.
This was also after Parliament enacted the Anti-Corruption and Economic Crimes Act (ACECA), 2003, and the Public Officer Ethics Act, 2003.
JLAC, in supporting the proposal, said much as the Bill was a politically negotiated document, it was "at liberty to propose the necessary amendments".
“This is informed by the communication from the chair (No. 006 of 2024). It directed the respective committees to ensure strict adherence to the due process in the enactment of legislation,” the Tharaka MP Gitonga Murugara-led team said.
“The Bill is a timely and suitable amendment. The need for the chairperson of the EACC to have a background in law provides the much needed and essential knowledge and understanding of the intricate legal frameworks in dealing with corruption and economic crimes,” the committee said.
“The committee, having considered the Ethics and Anti-Corruption Commission (Amendment) Bill, of 2024), recommends that the House approves the Bill with the amendments contained in the schedule of amendments,” the report reads.
Several concerned agencies and professional groups supported the proposed changes to the law, save for the EACC.
In its submission, the anti-graft agency said it already has a fully established directorate of legal services, with some of its officers holding qualifications of a judge of a superior court.
EACC said the function of the directorate included reviewing evidence in the course of investigations. This is to ascertain whether the same meets the required legal threshold.
The Oginde-led commission further told MPs that restricting the role to the legal professional may limit diversity in the leadership of the commission.
It added that the situation could result in a lack of diverse competencies and expertise.
EACC also argued that candidates from non-legal backgrounds may bring in fresh ideas and diverse skill sets.
“Legal professionals may possess strong legal expertise but may lack skills and experience in leadership of other areas relevant to anti-corruption work. This is such as investigation techniques, financial analysis, corruption prevention and advocacy,” EACC said.
Office of the Director of Public Prosecutions, the Law Society of Kenya, Kenya Law Reform Commission, a lobby trading as County Governance Watch, and two individuals also addressed MPs on the changes.
ODPP submitted that the proposed amendment will ensure compliance and familiarity with legal matters.
“It is prudent that the chairperson appreciates the workings of the Kenya legal system. This can only be realised by someone who has undergone the Kenya legal education system,” the Renson Ingonga-led ODPP said.
They said the proposal raises the perceived quality of the decisions made by the EACC, thereby adding to the legitimacy of the decisions thereof.
KLRC also backed the proposal and specified that the High Court be the superior court in question.
County Governance Watch said the changes would enhance the effectiveness of the EACC in fighting graft.
Antony Mulili, a petitioner, sought to have EACC granted powers to prosecute the cases they are investigating.
“The Bill ought to have strengthened oversight mechanisms and develop a comprehensive implementation plan. It should also have addressed issues of enhancing public engagement and clarify legal provisions and incorporate the recommended changes,” another petitioner, Levine Njau, said.