Remarks by Twalib Mbarak, CBS, Secretary/Chief Executive Officer, of the Ethics and Anti-Corruption Commission (EACC) during the Media Sustainability Convention organized by the Kenya Media Sector Working Group at Leopard Beach Resort, Diani, South Coast, on Saturday, 3rd July, 2021

a) Salutations
Our Chief Guest, The Honourable Attorney General Emeritus – Prof. Githu Muigai, EGH, S.C.
Director of Public Prosecutions – Mr. Noordin Haji, CBS, OGW
Chairperson, Independent Electoral and Boundaries Commission – Mr. Wafula Chebukati;
President, Kenya Editors’ Guild – Mr. Churchill Otieno; Secretary/CEO, Kenya Editors’ Guild – Ms. Rosalia Omungo; Media Practitioners present
Distinguished Ladies and Gentlemen.
Good evening!
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b) Welcoming Remarks
1. I am delighted to join you in this important consultative forum aimed at enhancing media sustainability and to reflect on topical governance issues that affect our nation.
2. On behalf of EACC, I thank you for the invitation and indeed the initiative to incorporate good governance and the fight against corruption as a key component of this program.
3. Undoubtedly, Kenya’s media industry has over the years remained a key player in the governance affairs of the country. It is in this context that we must appreciate the continued efforts of Kenya Media Sector Working Group (KMSWG) in the quest for press freedom, professionalism and integrity in media practice.
4. EACC recognizes the role of the Media Sector in the pursuit of integrity and good governance in Kenya. To us, the media industry remains a key strategic partner through its various social accountability initiatives. Among the notable contributions include the following:
Exposure of corrupt dealings through investigative journalism;
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Creating public awareness and sensitization;
Design and airing of social transformation programs aimed at inculcating positive values in society.
Demystifying and profiling the role of law enforcement agencies in the fight against corruption;
5. This is more significant at this time when the country is preparing for its 3rd General Election under the Constitution of Kenya, 2010. Relatedly, Kenyans are increasingly clamoring for more action towards accountability on how their affairs are managed, and the Media has a central role in this endeavor.
c) Leadership and Integrity
Ladies and Gentlemen
6. On this occasion, one of the important subjects that we need to reflect on is the
leadership and integrity standards under Chapter 6 of our Constitution.
Significantly, we have in this Assembly some of the key agencies vested with direct and complementary responsibilities in the implementation of Chapter 6.
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7. Today, it is over 10 years since Kenyans incorporated the integrity Chapter in their Constitution. In a forum such as this, we must, therefore, boldly confront the subject and ask ourselves several key questions.
First, what did Kenyans intend in enacting Chapter 6?
Second, what ails effective implementation of this Chapter? And
Third, what should each one of us do, moving forward, especially with regard to the upcoming elections?
Let me briefly share my thoughts as follows;
8. The promulgation of Kenya’s Constitution in 2010 signified a major break from the past. The Constitution overhauled governance structures and redefined the relationship between citizens and their Government. Among the progressive reforms is the enactment of Chapter 6 which prescribes leadership, ethics and integrity standards for persons entrusted with public office.
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9. What did Kenyans intend to achieve in the governance of their country when they enacted Chapter 6? Broadly, the overarching objective was to insulate public trust from abuse by those entrusted with leadership positions. In enacting Chapter 6, Kenyans sought to address their national challenges that were attributable to poor governance such as low levels of public accountability, plunder of public resources, unemployment and poverty. Kenyans aspired that only leaders who meet the integrity threshold should occupy public office.
10. Despite the efforts made so far, we as a country are yet to meet the threshold envisaged under Chapter 6, especially in the election of persons to public office. For instance, during the 2017 General Elections, the Commission undertook integrity verification for 16,182 aspirants for various elective positions and submitted to the IEBC a list of 106 aspirants who had outstanding integrity issues. The IEBC has severally stated that it cleared all of them due to absence of a clear legal framework for barring aspirants who do not meet the integrity threshold envisaged under the Chapter Six.
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11. Regrettably, as we gather here today, some of the aspirants that we had blacklisted won the elections and assumed public office despite facing serious criminal charges including corruption and economic crimes, murder, forgery of academic certificates, impersonation among other integrity deficits.
12. To us at EACC, the main obstacle to the effective implementation of Chapter 6 is in the provisions of Article 99(3) and 193(3) of the Constitution. These Articles provide that a person cannot be barred from seeking elections unless all possibility of appeal or review of the relevant sentence or decision have been exhausted. Certainly, with the capacity challenges of our judicial processes, it is practically impossible to conclude a case and exhaust all possible appeals within a 5-year term of an elective position.
13. That state of affairs ushers in the most important question for this forum. What should be done for the objectives of Chapter 6 to be realized? To my mind, there are three (3) other options that could get us out of this challenge:
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First, the judiciary while interpreting Chapter 6 of the Constitution should adopt a purposive interpretation that advance values that contribute to good governance. The Judiciary has in the past developed progressive jurisprudence in several other anti-corruption cases that has promoted constitutional values and principles. EACC maintains the view that the conduct of a person does not necessarily need to amount to criminality for them to be termed as non-compliant to Chapter 6 and effectively barred from seeking election to public office.
14. Secondly, the media sector is in possession of a very powerful, trusted and effective tool to educate the public and ignite a national debate on the threshold requirements for persons seeking elective positions. I urge you to be:
Increase media focus on corruption prevention efforts such as vetting of persons seeking office and disruption of corruption networks.
Jealously guard the Sector from Infiltration by corrupt elements.
Desist from glorifying the corrupt and unethical leaders in our society. Highlight and profile ethical practices so as to promote a culture of integrity;
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15. Thirdly, the voters have the sovereign power to elect their preferred leaders. I call upon Kenyans to activate this sovereign power bestowed on us and proactively participate in governance processes. By electing persons of integrity, we can circumvent the legal obstacles that we are currently facing and meet the objective of Chapter 6. Kenyans should know that the vote is the most powerful tool for an integrity-driven public service.
d) The Status of the Fight Against Corruption
Ladies and Gentlemen,
16. At this point, it is important for us to ask ourselves… “where are we?” …in the
fight against corruption in our Country.
17. On average, the EACC receives 3,500 complaints on corruption and related offences, per year. Taking into account the sheer number of complaints, its current staff complement and available resources, EACC has adopted the following three- pronged approach in its strategic focus in delivering on its mandate;
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18. First, High Impact Investigation; focusing on cases of greater impact based on factors such as the value involved, personalities involved and public interest. Some of the high impact investigations finalized include nine (9) formers and current Governors charged for corruption related offences, from the County Governments of Samburu, Migori, Busia, Tharaka-Nithi, Garissa, Kiambu, Nairobi (2) and Nyandarua.
19. The EACC in collaboration with DPP, has also secured 153 convictions out of 244 corruption cases that were finalized in Court in the last 5 years. This makes our conviction rate stand at 63%, an impressive outcome taking to account the inordinate delay in conclusion of corruption cases in Kenya and the negative impact it has on the strength of the cases.
20. Second strategy is Asset Recovery and forfeiture of unexplained wealth. The objective is to take away the benefit gained from corrupt conduct and deter such conduct in future. The Commission has so far recovered assets worth approximately Kshs. 19.9 Billion in the last 5 years only. The properties include; judiciary land, public access to beaches, road reserves, school playgrounds, government houses among others.
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21. The third strategy is Prevention of Corruption and Promotion of Ethics. Some of the initiatives employed under this strategic approach include proactive investigation to disrupt corruption networks. In this front the Commission has averted a possible loss of public funds worth approximately Kshs. 96 Billion in the last 10 years.
22. In addition, EACC has conducted System Reviews in several National and County Governments entities to identify and profile corruption risks and advise on the strategies that should be implemented to mitigate against the identified risks. I assure Kenyans that EACC remains steadfast and firmly focused on strengthening its anti-corruption initiatives in the interest of the Country and its future generations.
e) Conclusion
23. As I conclude, it is important to note that the successful implementation of Chapter Six provisions and anti-corruption laws, policies and administrative procedures is dependent upon a cultural change and a citizenry that values ethical leadership. All leaders must abide by the constitutional values and principles on leadership and integrity to spearhead the cultural change in leadership and integrity.
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24. I once again extend my sincere gratitude to the Kenya Editor’s Guild for the candid interaction. I look forward to more fruitful engagements as we work together to tackle the challenge of corruption in our country.
Thank You and God Bless you!
Delivered this Saturday, 3rd July, 2021
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Twalib Mbarak, CBS Secretary/Chief Executive Officer
Ethics and Anti-Corruption Commission (EACC)