Speaker Wetang’ula guides House on amendments to EACC Bill

𝐍𝐚𝐭𝐢𝐨𝐧𝐚𝐥 𝐀𝐬𝐬𝐞𝐦𝐛𝐥𝐲 𝐂𝐡𝐚𝐦𝐛𝐞𝐫 
𝐖𝐞𝐝𝐧𝐞𝐬𝐝𝐚𝐲, 𝐍𝐨𝐯𝐞𝐦𝐛𝐞𝐫 𝟐𝟕𝐭𝐡 𝟐𝟎𝟐𝟒

The Speaker of the National Assembly, Hon. Moses Wetang'ula, has guided the House on the proposed amendments to the Ethics and Anti-Corruption (Amendment) Bill (National Assembly Bill No. 11 of 2024).

"As you may have observed, the Notices annexed to the Supplementary Order Paper for this afternoon’s sitting contain several amendments proposed by key members of the House, including the Leader of the Majority Party, the Chairperson of the Justice and Legal Affairs Committee, and the Hon. Caroli Omondi, MP," said Speaker Wetang'ula

Among the proposed amendments was the deletion of Clause 3 of the Bill, which currently provides a saving for the person currently serving as EACC Chairperson from the impact of the new qualifications. 

This amendment was proposed by Hon. Caroli Omondi, MP, and Hon. Shakeel Shabbir, MP, and would mean that the new qualifications would apply immediately to the current holder of the office, a change that has drawn legal scrutiny.

"Honourable Members, the proposed deletion of Clause 3 directly contradicts the provisions of Article 250 of the Constitution, which governs the qualifications and terms of office for members of a Commission or holders of independent offices," stated Speaker Wetang'ula. He emphasized that such an amendment would "patently offend the Constitution" and could lead to constitutional crises.

The Speaker highlighted that Clause 3 is in line with constitutional principles and serves as a transitional provision, ensuring that the current EACC Chairperson is not subject to sudden changes in qualifications.

"This House approved the appointment of the current EACC Chairperson based on the qualifications required by the Constitution, and any alteration to these midstream would be unconstitutional without a proper transitional provision," Hon. Wetang'ula added.

However, the Speaker gave approval to an alternative amendment proposed by the Leader of the Majority Party, which aligns with constitutional requirements and ensures the integrity of the process. This amendment will be considered in the Committee of the Whole House.

The Ethics and Anti-Corruption (Amendment) Bill, co-sponsored by both the Leader of the Majority Party and the Leader of the Minority Party, seeks to strengthen the fight against corruption by revising the criteria for appointing the EACC Chairperson.