EACC differs with governors over proposal on collective criminal responsibility


EACC differs with governors over proposal on collective criminal responsibility
EACC CEO Twalib Mbarak during a past function. PHOTO | COURTESY

The Ethics and Anti-Corruption Commission (EACC) has differed with governors over their proposal for the removal of the aspect of collective criminal responsibility in the war against graft.

This comes after the Council of Governors, in a press address on November 10, 2020, proposed removal of collective criminal responsibility in the management of resources at county governments, instead advocating for the principle of personal criminal culpability.

EACC CEO Twalib Mbarak however, in a statement to the press on Friday, dismissed this citing experience in conducting investigations into what he termed the “modus operandi” of several governors to conceal their role when engaging in corrupt practices.

“This includes issuing verbal instructions to junior employees, intimidation and eventually receiving benefits through proxies,” he said.

“Due to the foregoing, EACC will not be in support of excusing Governors from collective criminal responsibility. Corruption is a white-collar crime committed by government and business professionals. It is well planned, executed and characterized by deceit and concealment.”

Mbarak further added that removing governors from collective responsibility would only serve to enhance corruption in counties and the perpetrators would go scot free.

“Responsibility for crime has both elements of personal and collective culpability. Therefore, EACC cautions against considering the proposal by Governors to remove the element of collective criminal responsibility,” he said.

“Such a law or regulation would give immunity to some of the main perpetrators of corruption and economic crime hence promoting impunity in Kenya.”

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