Parliament voted this week to deny the KACC's quest for extra powers, limiting its authority to take on corruption cases that precede the 2003 Anti-Corruption and Economic Crimes Act.
The decision by Parliament, mostly supported by members of the ODM party, has met with attacks from various sections of the Kenyan media and civil society. Most vociferous though were protestations by the Anti-Corruption Commission's head, Justice Aaron Ring'era.
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The dragon breathes back?
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Accusing, Parliament of giving 'succour and comfort' to the corrupt, Ringera seemed livid at what he saw as attempts by MPs to stand in the way of his commission's efforts to bring suspected criminals to book. Parliament on the other hand, speaking through MPs Paul Muite, Kenneth Marende and Njoki Ndung'u have answered back claiming to have considered the requests carefully, and to have found them too far-reaching and even unconstitutional. The proposed amendments Parliament found would bring the KACC into conflict with the established powers of the Attorney General and the Kenya Police. The MPs also alleged that the amendments would contradict provisions of the Penal Code and the Constitution, especially as Section 77(4) of the Act explicitly disallows prosecution for offences that had not been declared illegal in law at the time of their alleged commission.
The KACC boss, has come out guns blazing accusing the MPs of usurping the role of constitutional interpretation, a role he insists belongs only to the Judiciary. MPs say there was no way their efforts were aimed only at bringing the KACC into line with the act that brought it into being, insisting that the commission was created for the expedition of cases and not to replace already extant constitutional offices. The MPs who voted against the amplification of the KACC's powers also pointed out the oft heard complaint, that the Justice and his commission are big on words and show very little for their powerful profile or high salaries.
COming so close after the leak of the Kroll Report and just prior to the beginning of the campaign season, the questions abound. Is this a cynical attempt to stand in the way of the Executive in an election year? Is it an example of MPs oppossing everything from the government for the sake of embarassing it? Or is the KACC and its boss truly a waste of taxpayers resources, undeserving of our sympathies and support? Should Ring'eera stand down?
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