The Justice and Legal Affairs Committee (JLAC) of the National Assembly has recommended the rejection of the legal amendments proposed by Homa Bay Town MP Peter Kaluma.
In the Bill, Kaluma sought to repeal Section 64 of the Anti-Corruption and Economic Crimes Act, 2003, which disqualifies persons convicted of corruption and economic crimes from being appointed or elected to public office for 10 years from the date of conviction.
Section 64(2) of the ACECA exempts elective offices from the ban, leaving its direct application to public appointments.
In its report that is scheduled to be tabled before the House when it resumes from recess, JLAC which is headed by MP George Murugara recommended a new amendment to the section.
It wants Clause 2 of Section 64 to be deleted, meaning that the ban from public office will be extended to elective offices and the period enhanced from 10 years to a permanent prohibition.
"The Committee having considered the Anti-Corruption and Economic Crimes (Amendment) Bill and the submission from members of the public and stakeholders, proposes that the Bill be amended by deleting Clause 2," the report dated October 2023 reads.
JLAC said this will ensure that Section 64 of the ACECA, 2003, aligns with Section 75 (3) of the Constitution.
The latter disqualifies any state officer who has been found to have acted outside the prescribed conduct for such officers from holding any other state office.
The Parliamentary Committee noted that Kaluma's Bill is inconsistent with the aforementioned Article, adding that if admitted, it will weaken the fight against corruption. This, it said, is by loosening the laws governing corruption and economic crimes.
The Kaluma Bill was strongly opposed by the Ethics and Anti-Corruption Commission terming it as a clawback on constitutional imperatives on governance which will weaken an already fragile framework for implementation of Chapter Six of the Constitution.
Appearing before the Committee last year, EACC told the MPs that corruption and economic crimes are very serious offences against the public whose effects are wide-ranging and impact on the society negatively, and as such the punishment must be proportionate to the damage occasioned to society.
The Bill was also opposed by the Office of the Directorate of Public Prosecution, Transparency International, the Law Society of Kenya, Mzalendo Trust and the Independent Electoral and Boundaries Commission.
The KLRC however supported the same, citing it's inconsistent with the provisions of Article 75(3) of the Constitution.