Kenyans have witnessed the power of ‘Generation Z’ – the tech survey, social conscience and young folks who continue to rally to protest against the draconian clauses of the Finance Bill 2024, the protest climaxed on Thursday 20th June as some members of the National Assembly voted to pass the contentious bill to proceed to the second reading. The protest comes just weeks after the Senate, another legislative arm of government voted to mutilate the Conflict of Interest Bill (National Assembly Bill No. 12 of 2023) through atrocious amendments that negated the rule of law and constitutionalism, by removing the sanctions that define conflicts of interest and stripping the Ethics and Anti-Corruption Commission (EACC) of its implementing authority, the Senate severely weakened the bill and hindered the fight against corruption. This a classic twist of some of the legislators to undermine anti-corruption efforts, much like their insistence on having the Finance Bill 2024 enacted into law despite resistance from Kenyans. Perhaps the rallying call in the protest dominated by ‘Generation Z’ should include pressure to the National Assembly to reject Senate’s amendments to the Conflict of Interest Bill and restore it to its original form.
The National Assembly must reject the amendments because the move by the Senate is illegal and unconstitutional. The Senate abdicated its role under Article 96 (2) to effectively consider and approve Bills that concern counties especially those that affect the finances of county governments.
Further, the Senate’s decision to delete provisions that sanction conflict of interest from both the Bill and existing laws, such as the Anti-Corruption and Economic Crimes Act of 2003, effectively removes any deterrent against state officials conducting business with the government or awarding tenders to relatives. Additionally, transferring the enforcement role from the EACC to public entities creates a significant conflict of interest, as officials will now be responsible for investigating their misconduct. This decision violates Article 79 of the Constitution of Kenya 2010 which mandates EACC to ensure compliance and enforcement of the provisions of Chapter Six (6) of the Constitution which outlines the conduct of state officers under Article 75 and restricts certain activities from being undertaken by state officers. The deliberate weakening of these provisions by the Senate is unconstitutional and a betrayal of the trust Kenyans have placed in their leaders to uphold integrity and justice.
Furthermore, the Senate’s actions have broader implications. They jeopardise several pending cases touching on conflict of interest, and according to EACC, the current corruption cases involving 10 former governors and family members pertain to conflict of interest, proving that this is a common offence whose provisions need to be further bolstered rather than weakened in the law. The amendments further compromise Kenya’s international commitments to combat corruption putting at risk financial aid and cooperation commitments by development partners, during a period of extreme economic pressure on Kenya.
Should the National Assembly fail to reject and instead adopt the amendments, we call upon President William Ruto to withhold assent from any version of the bill that fails to uphold strong anti-corruption measures as outlined in various national, regional and international commitments.
If Kenyans and specifically the legislature should learn anything from the protests against the Finance Bill 2024 this week, it is that the spirit of accountability and justice is very much alive in Kenya, and these amendments fly against all efforts to protect the public interest at the expense of vested interests.
Sheila Masinde, Executive Director, Transparency International Kenya
2 Responses
Was thia bill rejected or is it still in the floor of the house(parliament)?
WAS THE CONFLICT OF INTEREST BILL rejected by parliament?