The Ethics and Anti-Corruption Commission (Amendment) Bill, 2024

SPECIALISSUE

Kenya Gazette Supplement No.47 (National Assembly Bills No. 11)

REPUBLICOFKENYA

KENYA GAZETTE SUPPLEMENT

NATIONALASSEMBLYBILLS,2024

NAIROBI,4th March,2024

CONTENT

| Bill for Introduction into the National Assembly- | PAGE | |----------------------------------------------------------------|--------| | The Ethics and Anti-Corruption Commission(Amendment) Bill,2024 | 327 |

THEETHICSANDANTI-CORRUPTION COMMISSION(AMENDMENT)BILL,2024

A Bill for

• AN ACTofParliament to amend the Ethics and AntiCorruption Commission Act

ENACTED by the Parliament of Kenya,as follows-

1. This Act may be cited as the Ethics and AntiCorruption Commission (Amendment) Act, 2024. 2. 2.Section5 of the Ethics and Anti-Corruption Commission Act, 2011 (in this Act referred to as the "principal Act") is amended by deleting sub-section (1) and substituting therefor the followingnew subsection- 3. ""(1) The chairperson of the Commission shall be a person who is qualified to hold the office of a judge of the High Court under the Constitution." 3. Sections 2 of this Act shall not apply to a person who immediatelybeforethe commencementof thisAct was serving as a Chairperson of the Commission.

Short title.

Amendmentof section5ofNo. 22of2011.

Savingprovision.

MEMORANDUMOFOBJECTSANDREASONS

Statementof objects and reasons

The principal object of this Bill is to amend the Ethics and AntiCorruption Commission Act No. 22 of 2011 to prescribe the qualifications for appointment of a Chairperson of the Commission. The Bill seeks to give effect to some of the recommendations and views of the public thatwere submitted during the national dialogue discourse on the IssuesofElectoralJustice and Related Matters;Outstanding Constitutional Matters;Fidelity toPolitical Parties/Coalitionsand the law on multiparty democracy; Entrenchment of the National Government Constituencies Development Fund;the Senate Oversight Fund and the National GovernmentAffirmative ActionFund and Establishmentand EntrenchmentofState Offices.

Clause 1 of the Bill sets out the short title of the Bill.

Clause 2 of the Bill amends section 5 of the Act toprescribe the qualifications for appointment of a Chairperson of the Commission. The clauseprovides that the Chairperson of the Commission shall be aperson who is qualified to hold the office of judge of the High Court under the

Constitution.

Clause 3 of the Bill is a saving provision and provides that the Act

shall not apply to a person who immediately before the commencement of the Act was serving as a Chairperson of the Commission.

Statement on the delegation of legislative powers and limitation of fundamental rights and freedoms

The Bill does not delegate legislative powers nor does it limit fundamental rights and freedoms.

Statement that the Bill doesnot concern county governments.

The Bill does not concern county governments in terms of Article 110 (1) (a) of the Constitution and it does not affect the functions and powers of county governments recognized in the Fourth Schedule to the Constitution.

Statement that the Bill is a money Bill within the meaning ofArticle

114 of the Constitution

The enactment of this Bill may not occasion additional expenditure of public funds.

Dated the 29th February,2024. KIMANIICHUNG'WAH,

Leader of the Majority Party.

OPIYOWANDAYI,

Leader of the Minority Party.

Section 5of No.22 of 2011 which it is proposed to be amend-

• 5.Qualifications for appointment as chairperson or member
• (1) A person shall be qualified for appointment as the chairperson if that person-—
• (a) meets the requirements of Chapter Six of the Constitution;
• (b) holds a degree from a university recognised in Kenya;
• (c) has knowledge and experience of not less than fifteen years in any of the following fields-—
• (i)
• ethics and governance;
• (ii) law;
• (ili)
• public administration;
• (iv) leadership;
• (v) economics;
• (vi)
• social studies;
• (vii) audit;
• (vili) accounting;
• (ix) fraud investigation;
• (x) public relations and media; or
• (xi) religious studies or philosophy; and
• (d) has had a distinguished career in their respective field.
• (2) A person shall be qualified for appointment as a member of the Commission if that person-
• (a)meets the requirements of Chapter Six of the Constitution.
• (b) holds a degree from a University recognized in Kenya;
• (c) has knowledge and experience of not less than ten years in any of the following fields-
• (i)
• ethics and governance;
• (ii) law;
• (iii)
• public administration;
• (iv) leadership;
• (v) economics;

• (vi) social studies;
• (vi) audit;
• (viii) accounting;
• (ix) fraud investigation;
• (x) public relations and media; or
• (xi) religious studies or philosophy;and
• (d) has had a distinguished career in their respective field.
• (3) A person shall not be qualified for appointment as a chairperson or as a member if the person--
• (a) is a member of a governing body of a political party;
• (b) is an undischarged bankrupt;
• (c) has been convicted of a felony; or
• (d) has been removed from public office for contravening the provisions of the Constitution or any other law.
• () ()) general elections have been held since the person ceased to hold such office.