This archive report was first published on 13 July 2020.
On July 13, 2020, a proposed amendment to the Anti-Corruption and Economic Crimes Act could offer a reprieve to governors facing corruption charges, allowing them to access their offices before the conclusion of their cases.
The Statute Law (Miscellaneous Amendment) Bill 2020 seeks to limit the period within which a court order directing a public or State officer to stay away from office can be in force to 90 days.
Currently, Section 62(1) of the Act requires corruption cases to be concluded within two years from the date a public officer is charged and automatically suspended from office.
Among the governors facing corruption charges who have been barred from accessing their offices are Nairobi's Mike Sonko and Samburu's Moses Lenolkulal.
The proposed amendment also seeks to amend Section 62 (6) of the Act to provide for the Ethics and Anti-Corruption Commission (EACC) to apply to the High Court for an order to force out of office a State officer under investigation on suspicion of engaging in corruption or committing an economic crime.
The Bill proposes that any person can apply to the High Court to invalidate the Assumption of Office of any such public servant.
Additionally, the Leadership and Integrity Act is set for change to enforce Chapter Six of the Constitution, and the EACC will now verify the contents of the self-declaration form and advise Parliament or the panel constituted for short-listing of persons for appointment as State officers on their financial integrity.
