Senate Amendments Weaken Conflict of Interest Bill, Undermining Anti-Corruption Efforts

Narok Senator and Senate Minority Whip, Ledama Ole Kina.

Parliament has made amendments to the Conflict-of-Interest Bill, 2023 and this has dealt a major blow to the fight against corruption. These alterations allow state officials to do business with government and shield people, and even their closest ones, from accountability on the part of every taxpaying citizen.

Proposed by the Cabinet to counter rampant embezzlement of public funds and secure loans under pressure from the IMF, the legislation has been significantly watered down by recent amendments from the Senate. These amendments exclude the Ethics and Anti-Corruption Commission (EACC) from the Act’s supervision.

Sponsored by Narok Senator Ledama ole Kina, the Senate minority whip, the amendments have over time significantly transformed the bill. It has now been taken back to the National Assembly for approval and will be forwarded to the president for signing.

In a Hansard obtained from parliament, Senator Ledama ole Kina proposed,“I beg madam temporary chairperson Senator (Catherine) Mumma that clause 5 of the bill be amended by deleting the words ‘and the Ethics and Anti-Corruption Commission’ appearing immediately after the words’ reporting authorities.”

In the past year, Kimani Ichung’wah, the majority leader with the approval of the cabinet, introduced a bill to tackle conflict of interest of the president and deputy president among other public officers. The bill mandated them to declare their wealth, income, assets, and liabilities upon assuming office and then after every two years.

Other targets included spouses and children under 18 who were required to report their assets, including those held in foreign jurisdictions. Failure to do so attracted a fine of Sh1 million or imprisonment for two years. The Ethics and Anti-Corruption Commission (EACC) had restricted this information to only those who were allowed to access it.

Today, declarations of assets are private documents that can be disclosed only with the consent of the speaker or the court. The bill sought to increase transparency through compliance with the requirement to file financial statements within one month of assumption of office and upon resignation.

These declarations would be checked by the EACC for accuracy and conflict, and the person would have 90 days to sell conflicting interests. It also allowed anyone to lodge a complaint to the EACC for investigation and to expose corrupt persons and illicit wealth.

In his letter to the National Assembly, EACC CEO Twalib Mbarak condemned the removal of the Ethics and Anti-Corruption Commission from the administration of the Act saying that it was wrong for members of parliament to do so.

“The commission has noted with concern the proposals made by the senate to review and amend the Conflict-of-Interest Bill 2023, being the National Assembly Bill 2023. The senate passed the bill on May 16, 2024, with proposals for substantial amendments,”  Mbarak protested in a letter copied to Samuel Njoroge, the Clerk of the National Assembly.

A Past Senate Proceeding.

He added that deleting provisions related to conflict of interest in other legislation is wrong and unconstitutional.

“The issues include the removal of the proposed compliance measures in the management of conflict of interest, the removal of EACC staff from the rank of deputy director and above shall be subject to the Powers and Privileges Committee of the National Assembly,” he said.

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