Nairobi — The Ethics and Anti-Corruption Commission (EACC) has proposed amendments to key constitutional provisions it says have hindered the effective enforcement of integrity standards for candidates seeking elective office.
Appearing Thursday before the National Assembly of Kenya's Constitutional Implementation Oversight Committee, EACC Chief Executive Officer Abdi Mohamud presented the commission's recommendations on the implementation of Chapter Six of the Constitution of Kenya and its interaction with representation provisions under Chapter Seven.
The discussions come as the country begins preparations for the 2027 Kenyan General Election.
Mohamud proposed reforms targeting Article 99 and Article 193 of the Constitution, which set qualification and disqualification criteria for Members of Parliament and Members of County Assemblies, respectively.
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Under the current framework -- alongside Section 24(3) of the Elections Act -- individuals convicted of certain offences or found to have violated integrity standards are not automatically disqualified from running for office if they have not exhausted all avenues of appeal or review.
According to the commission, this exception has become a major obstacle to enforcing ethical and integrity standards in elections.
"These constitutional provisions are the biggest hindrance to enforcing ethical, moral and integrity requirements for candidates," the commission said in its submission.
The rules mean that a person convicted of abusing public office or violating Chapter Six may still be cleared to run for office if an appeal or review is pending.
In some cases, such individuals may also continue holding public office while their matters move through the courts.
Disqualified individuals
The EACC is proposing that the Constitution be amended so that individuals remain disqualified from seeking or holding elective office unless and until a conviction, sentence, or adverse decision is overturned on appeal or review.
While the presumption of innocence applies before conviction, the commission argued that once a court has made a determination, the burden should shift to the convicted individual to successfully challenge the decision through the appeals process.
Mohamud told lawmakers that some individuals exploit the current framework by filing appeals that remain pending for extended periods, effectively sidestepping integrity requirements.
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He noted that the issue has previously been raised in reform forums including the Building Bridges Initiative (BBI) and the National Dialogue Committee, as well as before parliamentary committees, but has yet to be addressed through a national legislative initiative.
EACC vetting
The commission also proposed amendments to Section 13(2) of the Leadership and Integrity Act to clarify the EACC's role in vetting candidates seeking public office.
Currently, the commission said, the law does not clearly define the responsibilities of the Independent Electoral and Boundaries Commission (IEBC) in handling candidates' self-declaration forms or how the EACC should engage in enforcing compliance with integrity requirements.
To address these gaps, the commission recommended introducing statutory timelines for integrity verification, establishing a formal framework for information sharing among government agencies that hold relevant data on candidates, and strengthening coordination mechanisms between the EACC and IEBC during candidate clearance and registration.
Mohamud urged institutions responsible for safeguarding the credibility of elections to enhance collaboration ahead of 2027.
"It is important for all stakeholders who play various roles in ensuring integrity of candidates in the general election to collaborate and coordinate their strategies for synergy," he said.
"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."
