NAIROBI, Kenya — The Ethics and Anti-Corruption Commission (EACC) has proposed amendments to key constitutional provisions, arguing that current laws have weakened enforcement of integrity standards for individuals seeking elective office.
Appearing before the National Assembly of Kenya’s Constitutional Implementation Oversight Committee, EACC Chief Executive Officer Abdi Mohamud presented the commission’s recommendations on strengthening the implementation of integrity requirements under the Constitution.
The proposed reforms target Article 99 of the Constitution of Kenya and Article 193 of the Constitution of Kenya, which outline the qualification and disqualification criteria for Members of Parliament and Members of County Assemblies.
According to the commission, the current legal framework, together with Section 24(3) of the Elections Act, allows individuals convicted of certain offences to contest elections if they have filed an appeal or review and the process remains pending.
EACC says this loophole has significantly undermined the enforcement of integrity standards under Chapter Six of the Constitution of Kenya, which governs leadership and integrity.
“These constitutional provisions are the biggest hindrance to enforcing ethical, moral, and integrity requirements for candidates,” the commission said in its submission to lawmakers.
Under existing rules, a person convicted of abusing public office or violating integrity provisions may still be cleared to run for office while their appeal is ongoing.
In some cases, such individuals continue holding public positions as their matters proceed through the courts.
Proposed changes
The commission is now proposing constitutional amendments that would bar individuals from seeking or holding elective office once convicted, unless their conviction or sentence is overturned on appeal or review.
EACC argues that while the presumption of innocence applies before conviction, once a court has made a determination, the burden should shift to the convicted individual to successfully challenge the ruling.
Mohamud told legislators that some candidates exploit the appeals process by filing cases that remain unresolved for extended periods, effectively bypassing integrity requirements.
The issue has previously surfaced in several reform discussions, including the Building Bridges Initiative and the National Dialogue Committee talks, but no comprehensive legislative action has followed.
Clarifying EACC’s vetting role
Beyond constitutional changes, the commission also recommended amendments to Section 13(2) of the Leadership and Integrity Act to clarify its role in vetting candidates seeking public office.
EACC told the committee that the law currently lacks clear guidance on how the Independent Electoral and Boundaries Commission (IEBC) should handle candidates’ self-declaration forms and how the anti-corruption watchdog should verify compliance with integrity requirements.
To address these gaps, the commission proposed:
- Introducing statutory timelines for integrity verification of candidates.
- Creating a formal framework for sharing candidate information among government agencies.
- Strengthening coordination mechanisms between EACC and IEBC during candidate clearance.
Preparing for 2027 polls
The proposals come as Kenya begins early institutional preparations for the 2027 Kenyan General Election, where questions around integrity vetting are expected to feature prominently.
Mohamud urged institutions responsible for safeguarding electoral credibility to work closely in enforcing integrity standards.
“It is important for all stakeholders who play various roles in ensuring the integrity of candidates in the general election to collaborate and coordinate their strategies for synergy,” he told lawmakers.
“This will be vital to electoral preparedness as we move towards the 2027 General Election, and to ensure that only those men and women who satisfy the integrity threshold get elected to positions of leadership.”
