- The Bill proposed that “the chairperson of the commission shall be a person qualified to hold the office of a judge of the High Court under the Constitution.”
- “Based on our experience, there is no added advantage of having a lawyer over the other professions.”
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The Ethics and Anti-Corruption Commission (EACC) has opposed a proposal to change the qualifications one needs to be chairperson of the anti-graft agency.
In submissions to the Departmental Committee on Justice and Legal Affairs, EACC said it opposes the proposed Ethics and Anti-Corruption Commission (Amendment) Bill, 2024.
The Bill proposed that “the chairperson of the commission shall be a person qualified to hold the office of a judge of the High Court under the Constitution.”
Under the current provision, the EACC Act 2011 states that “a person shall be qualified for appointment as chairperson if that person meets the requirements of Chapter Six of the Constitution, holds a degree from a university recognised in Kenya, has knowledge and experience of not less than 15 years in ethics and governance, law or public administration.
In his submissions, EACC chief executive officer Twalib Mbarak said the commission considered the proposed amendment and opposed the Bill on various grounds.
He said EACC has a fully established Directorate of Legal Services with some of its officers holding qualifications of a judge of a superior court.
“The functions of the directorate include reviewing evidence in the course of investigations to ascertain it meets the legal threshold and advising the commission on any legal issue before it.
“Restricting the role of the legal profession may limit diversity in the leadership of the commission. Excluding candidates from other professions or backgrounds could result in a lack of diverse competencies and expertise,” Mbarak said.
He added that candidates from non-legal backgrounds may bring fresh ideas, innovative approaches and diverse skill sets to the role of chairperson.
“Restricting the position to the legal profession could result in missed opportunities for innovation and improvement within the commission,” he said.
“Based on our experience, there is no added advantage of having a lawyer over the other professions.”
He added that the terms of service for the EACC chairperson are on a part-time basis with functions related to strategy and policy and not operational in nature to warrant a legal mind.