Nyachae opposes the EACC Amendment Bill 2015

The Commission for the Implementation of the Constitution chair Charles Nyachae has declared parliament’s passing for the removal of the Ethics and Anti-Corruption Commission (EACC) officials illegal.

Nyachae now says that the move to recommend the sacking of EACC Chief executive Officer Halakhe Waqo and his deputy Michael Mubea was unconstitutional and only aimed at paralyzing ongoing investigations by the anti-graft body.

Nyachae’s sentiments come just a day after the National Assembly passed the Ethics and Anti-Corruption Commission Amendment Bill 2015.

The amendment will see the commission conduct its investigation in secret and only reveal the names of the suspect when preferring charges against them.

The MPs also approved the proposals by the Justice and Legal Affairs Committee to increase the number of commissioners from three to five working on part-time basis for a single term of six years and are not eligible for re-appointment.

This Bill was, however, contested by Majority Leader Adan Duale who argued that the removal of the officials from office would be violating their fundamental rights of a fair hearing as enshrined in the Constitution.

Duale further expressed concern on the vacuum that would be left if the officials were to vacate office.

The Bill now awaits President Uhuru Kenyatta’s assent.

The President can, however, refer it back to the National Assembly where two-thirds of the membership will be required to override the memorandum.