The BBI report proposes reforms to tame runaway corruption, including by barring state officers from doing business with government.
The team seeks to have graft cases expedited and state officers barred from making donations without declaring the source of the contributions.
Government officials who make monetary contributions exceeding Sh50,000 shall remit the contribution through electronic means for traceability by Anti-Corruption and Economic Crimes Commission.
Further, they will not participate in a tender for supply of services and goods to a government body either in person or using a spouse, a child, a business associate or a company that he or she holds shares in.
Those who contravene the law risk a Sh1 million fine, one year in jail or being declared unfit to hold public office.
“A public officer shall not solicit contributions from the public for a public purpose unless the President has, by notice in the Gazette, declared a national disaster and allowed a public collection for the purpose of the national disaster in accordance with the law,” read the proposals.
BBI proposes amending Chapter Six of the Constitution to introduce a raft of amendments to the anti-corruption laws under the Ethics and Integrity Laws (Amendments) Bill, 2020 targeted at corrupt public officers.
“The Bill proposes to amend Chapter Six of the Constitution on Leadership and Integrity to strengthen the fight against corruption by providing a mechanism for more expeditious conduct of investigation, prosecution and trial of corruption related matters,” the report says.
BBI proposes to amend Article 80 to require Parliament to enact legislation establishing mechanisms to facilitate the expeditious investigation, prosecution and trial of cases relating to corruption and integrity, to achieve speedy disposal of such matters.
Ethics and Integrity Laws (Amendments) Bill, 2020 further states that every state officer shall submit to ACECC personal, wealth, interests, and financial declaration.
This shall be done within 30 days of being appointed or elected and sworn-in. They also make annual declaration on the first day of November.
The information, shall be accessible to the public provided that those who seek it meet laid down criteria.
“Where the commission has reasonable grounds to believe that a state officer has submitted a declaration containing information on unexplained income or assets, the commission shall notify the ACECC which shall commence investigation proceedings in accordance with the provisions of the Anti-Corruption and Economic Crimes Act, 2003,” it reads.
A person who submits a declaration which contains information that he or she knows or ought to know is false or misleading, commits an offence and is liable, on conviction, to a fine not exceeding Sh1 million or to imprisonment for a term not exceeding one year or to both.
BBI also proposes under the Anti-Corruption and Economic Crimes (Amendments) Bill to introduce the offence of concealment of corruption and provides for duty to report any knowledge or suspicion of instances of corruption or economic crimes.
“A person who, despite being aware of or suspicious of the commission of an offence under this Act, fails to report the act to the Commission commits an offence and shall be liable on conviction to a fine not exceeding five million shillings, or to imprisonment for a term not exceeding five years, or to both,” the Bill reads.