EACC rebukes Governor’s proposal seeking to remove collective criminal responsibility

EACC CEO Twalib Mbarak. Photo/Courtesy

NAIROBI, Kenya, Nov 13- The anti-graft agency on Friday told off governors over their opposition to a proposal to entrench a law that ensures criminal responsibility in management of resources to align it with the principle of criminal culpability.

Ethics and Anti-Corruption Commission Chief Executive Officer (CEO) Twalib Mbarak said the opposition by the council of governors is misplaced and must be opposed.

“EACC has noted with concern the press statement issued on 10th November 2020 by the Council of Governors in regard to the proposals on criminal liability. The Council of Governors have proposed removal of collective criminal responsibility in the management of resources at the County Governments level to align with the principle of personal criminal culpability,” he said.

He added the Commission’s experience in conducting investigations, has demonstrated the modus operandi of several Governors to conceal their role when engaging in corrupt conduct.

This, he added, includes issuing verbal instructions to junior employees, intimidation and eventually receiving benefits through proxies.

“Due to the foregoing, EACC will not be in support of excusing Governors from collective criminal responsibility,” said Mbarak.

He said corruption is a white-collar crime committed by government and business professionals.

“It is well planned, executed, and characterized by deceit and concealment. Responsibility for crime has both elements of personal and collective culpability. Therefore, EACC cautions against considering the proposal by Governors to remove the element of collective criminal responsibility. Such law or regulation would give immunity to some of the main perpetrators of corruption and economic crime hence promoting impunity in Kenya,” he said.

Mbarak said the report of the Steering Committee on the implementation of the Building Bridges to a united Kenya Taskforce report contains several recommendations aimed at strengthening the war on corruption.

In order to sustain the intended impact and keep the proposals in tandem with the current challenges, he said, EACC acknowledges the need to consider constitutional and legislative reforms that will go a long way in strengthening the institution and the laws and not those that will erode the gains made so far.

The governors had met in Naivasha to make their stand known on the issue.

Several proposals are contained in the BBI report to help in the management of corruption issues in the country.

Several bills have been proposed to actively propel the laws.