EACC Deputy CEO Abdi Mohamud called on the committee to reject the proposal, saying the commission did not necessarily need to be headed by a lawyer to effectively carry out its mandate.
The Ethics and Anti-Corruption Commission (EACC) on Wednesday, July 31 opposed the proposed Ethics and Anti-Corruption Commission (Amendment) Bill, 2024, which seeks to amend Section 5 (1) of the EACC Act, 2011 to require all future chairpersons of the commission to be lawyers only.
Pursuant to an invitation by the National Assembly, the EACC made submissions before the Departmental Committee on Justice and Legal Affairs (JLAC), regarding the proposed Bill.Â
EACC Deputy CEO Abdi Mohamud called on the committee to reject the proposal, saying the commission did not necessarily need to be headed by a lawyer to effectively carry out its mandate.
“The Commission does not necessarily have to be led by a lawyer in order to effectively discharge its mandate. Within its organizational structure, the Commission has a fully established Directorate of Legal Services, with some of its officers holding qualifications of a Judge of a superior court.
Screengrab image of EACC Deputy CEO Abdi Mohamud. /CITIZEN TV
“This Directorate reviews evidence in the course of investigations to ascertain whether it meets the legal threshold and advises the Commission on all legal issues before it,” he revealed.
Mohamud further argued that legal professionals may possess strong legal expertise but lack skills and leadership experience in other areas relevant to anti-corruption work, such as investigation techniques, financial analysis, corruption prevention and advocacy.
He lamented that restricting the role of the EACC Chairperson to the legal profession only while locking out candidates from non-legal backgrounds may limit diversity in the Commission’s leadership, which could result in a lack of diverse competencies and expertise necessary for the Commission’s effective performance.
“Restricting the Chairperson position to the legal profession only could result in missed opportunities for innovation and improvement within the Commission. Candidates without legal backgrounds may have fresh ideas, innovative approaches, and diverse skill sets for the role,” he added.
He also noted that the position of Chairperson of EACC and its predecessor institutions has previously been held by lawyers qualified to hold the office of a judge of the High Court, now proposed in the Bill.
Based on the Commission’s experience, he believed that there is no added advantage in having a lawyer over the other professionals at the helm of EACC.Â
Further, he stated that EACC Chairpersons serve on a part-time basis with functions related to strategy and policy that are not operational to warrant a legal mind.
On May 2, 2023, President William Ruto formally appointed Bishop David Oginde as the EACC chairperson and is currently serving on a six-year term.
He replaced retired ACK Archbishop Eliud Wabukala who retired in December 2022 after serving a non-renewable six-year term.
Former CITAM bishop and current EACC chairperson David Oginde. /FILE
