MPs drop Sh5 million fine for not reporting bribery cases

Parliament has dropped a proposed law that would have seen individuals who fail to report cases of bribery and public officials who hide deposits in their foreign bank accounts jailed for up to 10 years or fined Sh5 million.

National Assembly Majority Leader Amos Kimunya, who represents government interests in the House, applied to recall changes to the Bribery Act and other anti-corruption laws to allow for more consultations among the agencies involved in the fight against graft.

The withdrawal was prompted by reservations from the Asset Recovery Authority (ARA), which argued that changes would see the Ethics and Anti-Corruption Commission (EACC) take up its key mandate in the fight against corruption.

This includes the powers to institute asset recovery proceedings and also monitor bank accounts operated by public officials held outside Kenya.

The proposed amendments to the Bribery Act sought to compel all Kenyans, and not just public servants, to report bribery to the Ethics and Anti-Corruption Commission (EACC) within 24 hours.

Review of the Leadership and Integrity Act was also affected, with a clause that sought to make it a crime for public officers to operate foreign bank accounts without the approval of the EACC dropped.

State officers who operate such accounts would have been required to submit annual statements to the EACC under the proposed law that sought to rein in civil servants who hide their wealth in tax havens abroad.

Changes to the corruptions laws were contained in the Statute Law (Miscellaneous Amendments) Bill 2020—which seeks to review a number of regulations.

“In his request, the Leader of the Majority Party indicates there is need to isolate the statutes and allow for inter-agency consultations while allowing the bill to proceed without delay,” Speaker of the National Assembly Justin Muturi said in a notice to MPs.

“I have acceded to this request which implies the Bill will undergo public participation, second reading and other stages without making reference to the withdrawn statutes.”

Another proposed law affected by the recall is the Anti-Corruption and Economic Crimes Act under which the State pushed for the determination of all the cases touching on corruption within two years from the time of filing.

State officers whose cases dragged beyond two years would have been required to seek the court’s permission to be allowed back to office pending determination of the cases.

Section 14 of the Bribery Act was set to be amended to allow “any person” — and not just those holding a position of responsibility — to report any suspected case of bribery to EACC.

Previously, only State and public officers — and those holding positions of responsibility within private firms — were lawfully required to make such reports to the anti-graft commission.

Those in breach face a lengthy jail term and multi-million shilling fine in the latest attempt to curb theft of taxpayers’ billions and bribery that mainly involves private sector players.

“Any person who is convicted of an offence under this Act, for which no penalty is expressly provided, shall be liable on conviction to a fine not exceeding Sh5 million or to imprisonment for a term not exceeding ten years, or to both,” according to penalties outlined in the Bribery Act, 2016.

That means every Kenyan who witnesses a case of bribery including offering inducements to police officers have a legal duty to report the crime to the EACC.

A 2019 corruption survey by EACC found that 35 percent of Kenyans pay a bribe to get quick government services, get employment, avoid police arrest and to access medical services among others.