Nairobi — Various stakeholders have opposed the proposed changes by Homabay Town Member of Parliament Peter Kaluma which seeks to amend the Anti-Corruption and Economics Crimes Act (ACECA) 2003.
Kaluma intends to delete Section 64 of the Act which disqualifies person convicted of corruption or economic crimes from being elected or appointed to public offices for a period of ten years following conviction.
Making appearance before the Justice and Legal Affairs Committee for public hearing the governmental and non-governmental organization opposed the amendments terming it as a drawback to the fight against graft in the country.
Independent Electoral and Boundaries Commission vehemently opposed Kaluma's amendment saying it's a claw back to the constitutional imperative of Chapter 6 of the Constitution which calls for integrity.
The electoral agency legal counsel Chrispine Owiye said the proposed amendments offends Chapter 6 of the constitution saying the move to repeal the section will curtail to ensure substantial consequences to convicts.
"Our view is that the proposed review is a claw back to Chapter 6 of the constitution. This is a good law that gives effect to provision of Chapter 6 by ensuring that person who hold public office are people who hold moral and ethical requirements," said Owiye.
The Kenya Law Reforms Commission (KLRC) called for the deletion of section 64 of the Act saying it contravenes Article 75 of the Constitution contemplates an eternal bar for any persons convicted of corruption or economic crimes.
KLRC argued while the Anti-Corruption and Economics Crimes Act gives a time bar or convicted person that should not be the case saying it contravenes Article 75(3).
"All laws must be in conformity with the constitution. The court has maintained that Chapter 6 of the constitution was not enacted in vain or for cosmetic reasons. It ought to be expunged from the statutory book,"
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