The Ethics and Anti-Corruption Commission (EACC) is proposing a raft of constitutional amendments aimed at strengthening integrity in elections.
Among the proposals is an amendment to sections of the Leadership and Integrity Act to ensure that individuals convicted of graft remain disqualified from running for office until their conviction, sentence, or decision is successfully overturned on appeal or review.
The Commission argues that the current legal framework allows individuals who have been convicted or found to have violated the Constitution or the law to remain eligible for clearance as long as they demonstrate that an appeal or review is pending. As a result, such individuals may also continue holding public office while pursuing appellate or review processes.
Appearing before the Constitutional Implementation Oversight Committee of the National Assembly of Kenya to make submissions on the implementation of Chapter Six of the Constitution and its relationship with provisions on representation under Chapter Seven, EACC CEO Abdi Mohamud said on Thursday that although the presumption of innocence applies until a person is found guilty, the burden should shift to the convicted person to overturn the decision through the appellate process.
He explained that the proposed amendment would ensure that a person remains disqualified until the conviction, sentence, or decision is successfully overturned on appeal or review.
The proposal would require amendments to Article 99(3) and Article 193(3) of the Constitution of Kenya, which the commission says currently pose a significant obstacle to enforcing ethical, moral, and integrity standards for candidates in elections.
"The two provisions should be amended so that the person remains disqualified until the conviction, sentence or decision has been successfully appealed against or reviewed. This is because the presumption of innocence remains until one has been found guilty of an offence, whereupon the burden shifts to the accused to demonstrate otherwise through the appellate or review procedure. Further, persons who have been convicted or found to have violated the constitution will always abuse the constitutional provision by filing an appeal or review, which remains in abeyance indefinitely," he said.
The discussions took place in the context of electoral preparedness ahead of the 2027 Kenyan General Election.
During his presentation, the CEO also proposed several additional reforms, noting that the Act is currently silent on the responsibilities of the Independent Electoral and Boundaries Commission (IEBC) in handling self-declaration forms, as well as the role of the EACC, which is mandated to oversee and enforce compliance with integrity laws.
The EACC therefore recommended amendments to introduce statutory timelines for integrity verification and establish a formal institutional framework for information sharing among agencies that hold relevant data on candidates.
"It is important for all stakeholders who play various roles in ensuring the integrity of candidates in the general election to collaborate and coordinate their strategies for synergy. This will be vital to the electoral preparedness as we move towards the 2027 General Election, and to ensure that only those men and women who satisfy the integrity threshold get elected to positions of leadership," he said.
