Nairobi — Public Service Cabinet Secretary nominee Geoffrey Ruku on Monday defended his push to amend the Anti-Corruption and Economic Crimes Act, arguing that his proposed Bill was intended to streamline the procurement process and reduce bureaucratic bottlenecks not to weaken the fight against corruption.
Speaking during his vetting by the National Assembly Committee on Appointments, Ruku said the current anti-corruption framework overly criminalizes procurement errors, making it difficult for public servants to execute their mandates without fear of prosecution.
"We lose billions through corruption, and yet we also spend huge amounts trying to recover those funds. There's a need for efficient systems of justice. My amendments sought to remove undue criminalization and instead handle procurement flaws administratively," he said.
The Anti-Corruption and Economic Crimes (Amendment) Bill, 2023, which Ruku sponsored had sparked fierce opposition from stakeholders, who have branded it a serious setback in Kenya's anti-corruption efforts.
The Bill proposes the deletion of key provisions under Section 45(2)(b) and (c) of the current law.
These sections form the legal backbone for prosecuting public officials who misuse or misappropriate public funds through improper procurement practices.
In addition, the Bill seeks to decriminalize the initiation of unplanned or unbudgeted projects by national and county governments--actions currently considered offenses under the law.
Ruku argued that these reforms are necessary to distinguish between intentional corruption and procedural mistakes made in good faith.
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"Not every procurement error amounts to corruption. We must ensure that genuine service delivery efforts are not frustrated by fear of legal consequences. These matters can often be handled through internal administrative mechanisms," he told the committee.
However, his proposals have been met with strong resistance from civil society groups and anti-graft watchdogs, who warn that the Bill could erode accountability and open the floodgates for unchecked misuse of public resources.
Minority Leader Junet Mohammed questioned Ruku's motivation, suggesting that the amendment appeared designed to shield public officials from scrutiny.
"Your proposal was viewed as protecting impunity. Are you not weakening the very laws meant to safeguard public funds and promote transparency?" Junet posed.
Ruku maintained that his intention was to enhance not undermine anti-corruption framework by focusing resources on fighting deliberate economic crimes, not punishing administrative lapses.
