NAIROBI, Kenya, Jun 10 – The Commission for the Implementation of the Constitution (CIC) is calling on members of the public to submit their memorandum on the Ethics and Anti Corruption Bill (EAC) 2011 starting Friday.
CIC Chairman Charles Nyachae said they would be taking the public’s views until June 18.
The Ethics and Anti –Corruption Bill 2011 seeks to establish the Ethics and Anti-Corruption Commission (EACC) pursuant to Article 79 of the Constitution and which will be charged with ensuring the compliance and enforcement of the provisions of Chapter Six on leadership and integrity.
CIC is undertaking internal review of the EAC Bill and it expects the public to give suggestions on the mandate, scope of the functions and powers of the Ethics and Anti-Corruption Commission among other pertinent issues relating to the commission.
A crucial part of the debate is expected to centre on whether the new anti corruption body should be given prosecutorial powers. Currently, the Kenya Anti Corruption Commission (KACC) is required to forward its investigation files to the Attorney General who will then decide whether to lodge prosecutions.
The EAC Bill is also expected to clearly stipulate the offences that fall under the anti corruption realm as well as how the commission will deal with ethical offences bearing in mind that not all ethical matters are criminal in nature.
Another key issue of concern is transition and whether the Ethics and Anti-Corruption Commission will succeed the Kenya Anti Corruption Commission which was established by the Anti Corruption and the Economic crimes act of 2003.
The public is also expected to submit memorandum relating to the extent to which the commission will devolve its services and whether county governments can legislate on ethics, anti corruption and leadership issues bearing in mind that the Constitution has devolved powers, function and duties to county governments.