The Ethics and Anti-Corruption Commission (EACC) has proposed amendments to key constitutional provisions that hinder the effective enforcement of integrity requirements for candidates seeking elective office.
EACC Chief Executive Officer Abdi Mohamud on Thursday appeared before the Constitutional Implementation Oversight Committee of the National Assembly, where he made submissions on the implementation of Chapter Six of the Constitution and its interface with provisions on Representation of the People under Chapter Seven.
The discussions were held in the context of electoral preparedness ahead of the 2027 General Election.
During his presentation, the CEO proposed a raft of reforms, including amendments to Article 99(3) and Article 193(3) of the Constitution.
According to the Commission, the two provisions pose a major obstacle to enforcing ethical, moral, and integrity standards for candidates in elections.
Currently, the Constitution provides that a person is not disqualified from contesting an election by virtue of having been convicted or found, in accordance with any law, to have misused or abused a State or public office, or to have contravened Chapter Six, unless all avenues of appeal or review have been exhausted.
The Commission noted that these provisions allow individuals who have been convicted or found to have violated the Constitution or the law to remain eligible for clearance as long as they demonstrate that an appeal or review is pending.
Similarly, such persons may continue to hold office while pursuing appellate or review processes.
EACC proposed amending the provisions to ensure that a person remains disqualified until the conviction, sentence, or decision is successfully overturned on appeal or review.
The Commission argued that while the presumption of innocence applies until a person is found guilty, the burden should shift to the convicted person to overturn the decision on appeal.
The CEO further observed that individuals found to have violated the Constitution often exploit the current provisions by filing appeals or reviews that remain pending for long periods, effectively circumventing integrity requirements.
Mohamud told the Committee that the Commission has previously raised the issue in several forums, including the Building Bridges Initiative (BBI), the National Dialogue Committee (NADCO), and various parliamentary committees.
However, no national initiative has been undertaken to address the matter.
In addition, the Commission proposed amendments to Section 13(2) of the Leadership and Integrity Act to clarify EACC’s role in vetting candidates seeking election to public office.
The Commission noted that the Act is currently silent on the responsibilities of the Independent Electoral and Boundaries Commission (IEBC) regarding the handling of self-declaration forms and the role of EACC, which is mandated to oversee and enforce compliance with the law.
EACC also recommended amendments to the Act to introduce statutory timelines for integrity verification and establish a formal institutional framework for information sharing among agencies that hold relevant data on candidates.
This, the Commission said, would enhance collaboration, coordination, and timely sharing of information with IEBC during the clearance and registration of candidates.
Mohamud used the opportunity to call on all stakeholders involved in safeguarding the integrity of elections to strengthen coordination and align their strategies ahead of the 2027 General Election.
