The National Assembly Justice and Legal Affairs Committee, chaired by Hon. George Murugara(Tharaka) has conducted public hearings on the Anti-Corruption & Economic Crimes (Amendment) Bill, 2023 sponsored by Hon. Geoffrey Ruku (Mbeere North).

The Committee received submissions from the Attorney General’s Office, the Ethics and Anti-Corruption Commission (EACC), the Office of the Director of Public Prosecution (ODPP), Transparency International, and the Africa Parliamentarians Against Corruption (APAC) caucus. All of whom opposed the proposed amendments.

The ODPP through the Deputy Director, Economic, International and Emerging Crimes Department, Ms. Grace Murungi opposed the proposal to delete Section 45 (2) b and c of the original Act.

Ms. Murungi noted that section 45 (2) b and c provide for the legal mechanisms of Articles 227 and 201 of the Constitution which outlines guidelines on the use and management of public funds under the Public Finance Management Act.

"Deleting the section in itself spells mischief. The principal objective of this amendment is to remove the inordinate and undue criminalisation of flaws in public procurement laws," Ms. Murungi said.

Hon. Shakeel Shabbir (Kisumu East), who serves as the Chairperson of the African Parliamentarians against Corruption (APAC) - Kenyan Chapter also opposed the amendment noting that 90 percent of corruption issues in the country are linked to public procurement.

"This proposal is an intentional and malicious attempt at weakening the rules governing the procurement process," he said.  

The Director of Legal Services at the EACC, Mr. David Too also opposed the amendment highlighting that it negates Article 227 of the Constitution which requires procurement to be planned and fair.

"Corruption is collusive in nature, especially in matters of procurement. The deletion of the rules that govern procurement opens the doors for procurement officers to do whatever they want. There will be impunity where tenders are awarded to a select few," said Mr. Too.