The Ethics and Anti-Corruption Commission (EACC) rejected the governors’ call to remove collective criminal responsibility for managing resources at the county governments.
In a press release on Friday, 13 November, EACC CEO Twalib Abdallah Mbarak warned that the proposal to be included by the county bosses in the Building Bridges Initiative (BBI) report would expose the counties to plunder.
The governors argued that they were unfairly targeted in corruption investigations since they are not involved in running county governments accounts.
“The commission’s experience in conducting investigations has demonstrated the modus operandi of several governors to conceal their role when engaging in corrupt conduct.Â
“This includes issuing verbal instructions to junior employees, intimidation and eventually receiving benefits through proxies. Due to the foregoing, EACC will not be in support of excusing governors from collective criminal responsibility,” Twalib cautioned.
He stated that corruption is a well-planned and well-executed scheme characterized by deception and concealment.
The CEO of EACC added that responsibility for crime has both elements of personal and collective guilt.
“Therefore, EACC cautions against considering the proposal by Governors to remove the element of collective criminal responsibility. Such a law or regulation would give immunity to some of the main perpetrators of corruption and economic crime hence promoting impunity in Kenya,” Twalib concluded.
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