Legal & Regulatory

Qualifications for Appointment of EACC Commissioners in Kenya: Everything You Need to Know

EACC Integrity center

The Ethics and Anti-Corruption Commission (EACC) plays a pivotal role in Kenya’s governance by fighting corruption and promoting integrity. Established under Section 3(1) of the Ethics and Anti-Corruption Commission Act, 2011, this independent body comprises a chairperson and four commissioners who work alongside a secretariat headed by the Secretary/Chief Executive Officer (CEO). The EACC’s mission involves law enforcement, public education, and promoting ethical standards to prevent economic crimes and unethical conduct.

Given the importance of the EACC’s mandate, the appointment of its commissioners requires strict adherence to qualifications that ensure they are capable of fulfilling their roles effectively. This article outlines the qualifications necessary for the appointment of EACC commissioners, focusing on both the chairperson and other commissioners.

Key Responsibilities of the EACC

Before delving into the qualifications, it’s essential to understand the broad responsibilities of the EACC. The commission’s mandate includes:

  • Investigating and prosecuting cases of corruption and economic crimes.
  • Educating the public on the importance of ethics and integrity.
  • Monitoring and promoting standards for ethical conduct in public and private sectors.
  • Providing advisory services on issues related to corruption prevention.

With such far-reaching duties, individuals appointed to the commission must possess specific skills, experience, and a high moral standing to ensure the EACC can execute its functions effectively.

Qualifications for Appointment of EACC Commissioners

1. Qualifications for the Chairperson

The chairperson of the EACC bears the primary responsibility for leading the commission in its fight against corruption. The individual chosen must meet stringent requirements to ensure they can provide leadership and oversight in this sensitive role. These qualifications include:

  • Meeting the Requirements of Chapter 6 of the Constitution: Chapter 6 of Kenya’s Constitution focuses on leadership and integrity. It outlines principles that public officers must adhere to, including accountability, honesty, and ethical conduct.
  • Educational Background: The chairperson must hold a degree from a university recognized in Kenya. This requirement ensures that the individual has a solid academic foundation relevant to their role.
  • Experience: The chairperson must have at least 15 years of knowledge and experience in one or more fields, such as ethics and governance, law, public administration, leadership, economics, social studies, audit, accounting, fraud investigation, public relations, or religious studies. This broad scope ensures that the individual has the expertise necessary to navigate the complex challenges the EACC faces.
  • Distinguished Career: The appointee should have a distinguished career in their respective field, demonstrating not only expertise but also a track record of leadership and integrity.

2. Qualifications for Other Commissioners

Apart from the chairperson, the EACC also comprises four commissioners who work closely with the chairperson to fulfill the commission’s mandate. The qualifications for these commissioners include:

  • Meeting the Requirements of Chapter 6 of the Constitution: Like the chairperson, commissioners must also meet the high ethical standards set out in Chapter 6 of the Constitution.
  • Educational Background: Commissioners must hold a degree from a recognized university in Kenya. Their educational background should provide a strong foundation in fields related to ethics, governance, law, or any of the other specified areas of knowledge.
  • Experience: Like the chairperson, commissioners must have at least 15 years of knowledge and experience in fields such as ethics and governance, law, public administration, economics, audit, accounting, fraud investigation, or public relations. This ensures that they bring significant expertise to the table.

3. Disqualifications for Appointment

Certain conditions can disqualify a candidate from being appointed as a chairperson or commissioner of the EACC. These disqualifications help safeguard the integrity of the commission. A person is disqualified from appointment if they:

  • Are a member of the governing body of a political party.
  • Are an undischarged bankrupt.
  • Have been convicted of a felony.
  • Have been removed from public office for contravening provisions of the Constitution or any other law.

These stringent disqualification criteria ensure that only individuals of the highest integrity can serve in the EACC, reinforcing public confidence in the commission’s work.

Terms of Office

The chairperson and members of the EACC serve a single term of six years, with no eligibility for re-appointment. They serve on a part-time basis, ensuring that they can dedicate their efforts to fulfilling the commission’s mandate while maintaining a degree of independence.

This term structure ensures that commissioners have ample time to make a significant impact while also introducing new leadership at the end of their tenure to bring fresh perspectives.

Contacting the EACC

The EACC’s headquarters are located at Integrity Centre, Jakaya Kikwete/Valley Road in Nairobi. For any inquiries or reports on corruption, the public can contact the commission via:

  • Phone: 0709 781 000 / 0730 997 000

The qualifications for appointment as a commissioner of the EACC in Kenya are designed to ensure that only individuals of high moral standing, with a proven track record of expertise and leadership, can serve in this crucial body. By adhering to these stringent requirements, the EACC continues to play a vital role in fighting corruption and promoting ethical standards across the country.

Understanding the qualifications and disqualifications for these positions is essential, not just for those aspiring to serve but for the general public to appreciate the level of accountability and integrity expected from the EACC.