EACC pushes for tougher integrity rules ahead of 2027 elections
The Ethics and Anti-Corruption Commission (EACC) has called for constitutional and legal reforms aimed at strengthening integrity requirements for individuals seeking elective office ahead of the 2027 General Election.
Appearing before the National Assembly’s Constitutional Implementation Oversight Committee, EACC Chief Executive Officer Abdi Mohamud said existing constitutional provisions have created loopholes that make it difficult to effectively enforce integrity standards against candidates accused or convicted of corruption and abuse of office.
Mohamud’s presentation focused on the implementation of Chapter Six of the Constitution, which deals with leadership and integrity, and how it interacts with provisions on representation of the people under Chapter Seven.
“Article 99(3) and Article 193(3) of the Constitution pose a major obstacle to enforcing ethical, moral, and integrity standards for candidates in elections. They make a person not to be disqualified from contesting an election by virtue of having been convicted or found, in accordance with any law, to have misused or abused a State or public office, or to have contravened Chapter Six, unless all avenues of appeal or review have been exhausted,” Mohamud told the committee.
The discussions form part of early preparations by key institutions to align legal and regulatory frameworks ahead of the next electoral cycle.
The commission specifically proposed amendments to Article 99(3) and Article 193(3) of the Constitution, which outline the qualifications and disqualifications for election to Parliament and county assemblies.
According to EACC, the provisions currently allow individuals convicted of corruption or abuse of office to remain eligible to contest elections as long as they have filed an appeal against their conviction.
Mohamud told the committee that the requirement for all avenues of appeal to be exhausted before disqualification takes effect undermines the enforcement of ethical and integrity standards in public leadership. He noted that some individuals exploit the provision by filing appeals that remain pending for years, allowing them to continue contesting for or even holding public office during the lengthy legal process.
To close the loophole, the commission is proposing amendments that would disqualify individuals convicted of corruption or abuse of office from contesting elections unless and until their convictions or related decisions are overturned on appeal or review.
Mohamud argued that while the presumption of innocence applies before a conviction is reached, once a court has delivered a guilty verdict the burden should shift to the individual to successfully challenge the ruling before seeking elective office.
The commission also recommended amendments to Section 13(2) of the Leadership and Integrity Act to clarify the respective roles of the EACC and the Independent Electoral and Boundaries Commission in vetting candidates for integrity compliance.
EACC further proposed the introduction of statutory timelines for integrity verification and the establishment of a formal framework to facilitate information sharing between government agencies during the candidate clearance process.
Mohamud urged institutions responsible for safeguarding electoral credibility to strengthen coordination and begin aligning their strategies early, emphasising that enforcing integrity standards remains essential to restoring public trust in Kenya’s democratic processes ahead of the 2027 polls.
