NAIROBI, Kenya – The Ethics and Anti-Corruption Commission (EACC) has opposed a proposed amendment that would require the chairperson of the commission to be qualified to hold the office of a Judge of the High Court.
This amendment, part of the Ethics and Anti-Corruption Commission (Amendment) Bill, 2024, has sparked controversy, with EACC leaders advocating for a more inclusive approach to leadership qualifications.
Under the current law, the EACC Act 2011, the chairperson must meet the requirements of Chapter Six of the Constitution, possess a university degree recognized in Kenya, and have at least 15 years of experience in ethics, governance, law, or public administration.
The proposed bill, however, seeks to narrow this criterion to legal professionals only, excluding candidates from other fields.
Twalib Mbarak, the EACC’s Chief Executive Officer, expressed concerns that this change could undermine the commission’s effectiveness.
He emphasized the value of having a diverse leadership team, noting that the EACC’s Directorate of Legal Services already includes highly qualified legal experts.
Mbarak argued that limiting the chairperson’s role to a legal professional could stifle innovation and miss out on the benefits that candidates from other backgrounds could bring.
“Restricting the chairperson’s position to those with legal qualifications could narrow the commission’s perspective and exclude valuable insights from professionals in other fields,” Mbarak stated. “Diverse competencies and expertise are crucial for tackling the multifaceted challenges in ethics and governance.”
He further noted that the role of the EACC chairperson is primarily strategic and policy-oriented, rather than operational, suggesting that a legal background is not a necessity.
Mbarak urged lawmakers to consider the benefits of diverse leadership, arguing that it could lead to more innovative solutions and better governance outcomes.
