The Anti-Corruption and Economic Crimes (Amendment) Bill, 2023
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Repeal of the Ten-Year Public Office Disqualification
The Bill proposes to repeal Section 64 of the Anti-Corruption and Economic Crimes Act, 2003. Currently, Section 64 disqualifies anyone convicted of corruption or an economic crime from being elected or appointed as a public officer for ten years after their conviction.
Impact on Public and Elected Office Eligibility
By repealing Section 64, the Bill removes the statutory barrier that prevents convicted individuals from holding public office, except where specific qualifications or disqualifications are separately outlined under the Constitution.
Removal of the Annual Gazette Publication Requirement
Under the existing Section 64(4), the Ethics and Anti-Corruption Commission is required to publish the names of all disqualified persons in the Gazette at least once a year. The repeal of this section eliminates this tracking and publication mandate.
Bill No.
No. 30 of 2023
Gazette No.
Supplement No. 94
Sponsor
George Peter Kaluma
Background
The Anti-Corruption and Economic Crimes Act, 2003 (No. 3 of 2003) contains provisions aimed at preventing and punishing corruption and economic crimes in Kenya. Section 64 of the Act specifically implements a disqualification period to bar convicted individuals from returning to public service for a decade. This Bill, sponsored by Hon. George Peter Kaluma, MP, proposes to entirely repeal this section.
Key Amendments
The Bill consists of two main clauses:
- Clause 1 establishes the short title as the Anti-Corruption and Economic Crimes (Amendment) Act, 2023.
- Clause 2 amends the principal Act (the Anti-Corruption and Economic Crimes Act, 2003) by repealing Section 64 in its entirety.
Impact on Public Office Eligibility
Currently, Section 64(1) disqualifies any person convicted of corruption or an economic crime from being elected or appointed as a public officer for ten years after their conviction. The repeal of Section 64 removes this ten-year statutory ban.
However, Section 64(2) of the current Act notes that this statutory disqualification does not apply to elected offices if the Constitution itself sets out the qualifications for those offices. The proposed repeal removes this distinction entirely, relying instead on constitutional provisions or other statutes to determine eligibility for public and elected offices.
Abolition of Reporting Requirements
Under Section 64(4) of the existing Act, the Ethics and Anti-Corruption Commission is mandated to publish a list in the Gazette at least once a year containing the names of all persons disqualified under Section 64. If this Bill is enacted, the Commission will no longer be required to maintain or publish this annual list of disqualified individuals.
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