MPs vs Senators: National Assembly accuses Senate of weakening Anti-Corruption Bill

After reviewing the Bill, the National Assembly sent it to the Senate for concurrence. However, Members of Parliament (MPs) now seek to reject the amendments introduced by the Senate, arguing that these changes undermine the stringent measures initially included to combat conflict of interest and corruption.

Majority Leader Kimani Ichung’wah, in a motion to reject the Senate's amendments, emphasized the need to stand with the Kenyan people.

He stated, “We must stand with the people of Kenya. This Bill is critical in the fight against corruption. The amendments by the Senate have made this bill dysfunctional. They create a fertile ground for corruption and conflict of interest to continue taking root in our Republic."

"Therefore, we must be the bigger brother between the two Houses. We must be the House that stands with the people of Kenya, who have spoken loudly and told us that matters touching on conflict of interest and theft of public resources must end,” added the Majority Leader.

In passing the Bill, the National Assembly had designated the Ethics and Anti-Corruption Commission (EACC) as its administrator, granting it the authority to initiate proceedings for the forfeiture of undeclared or unexplained assets held by public and state officers.

Additionally, the National Assembly prohibited public and state officers from engaging in activities that could result in conflicts of interest.

“The amendments proposed by the Senate are not just retrogressive; they are a direct threat to the war on corruption. If these amendments are accepted, the Conflict of Interest Bill 2024 will be reduced to an empty shell of its original objectives. The reason for rampant corruption in the National and County governments is the ability of those in leadership to transact with the offices they oversee,” warned Muenge Mutuse, Vice Chairperson of the National Assembly Justice and Legal Affairs Committee.

However, the Senate removed the EACC as the bill's administrator and eliminated all provisions related to conflict of interest in the Public Officer Ethics Act, the Leadership and Integrity Act, and the Anti-Corruption and Economic Crimes Act. Members of the National Assembly now accuse the Senate of hindering the fight against graft.

“The saddening thing about the Senate amendments is that they take us back in the fight against corruption. The issues the country is grappling with, and the accountability being pushed by Gen Z, could be sorted if we dealt with corruption. Year in and year out, we have had pilferage issues at the National and County levels, so anything that will jeopardize that fight should be rejected,” said Gilgil MP Martha Wangari.

President William Ruto, in his address to the nation on Wednesday, outlined several measures to address corruption cases. He directed the speedy conclusion of graft cases and promised to veto any flawed laws from parliament dealing with corruption.

“If parliament can water down the bill that we passed here to make it practically impossible to hold accountable elected leaders, then we are taking this country into the abyss. What the Senate did was a great disservice to this country. I think the Senate is suffering from an inferiority complex,” said Funyula MP Wilberforce Oundo.

The National Assembly has voted to reject the Senate’s amendments, paving the way for mediation between the two houses to find a middle ground on effectively implementing the Conflict of Interest Bill.