The Ethics and Anti-Corruption Commission has opposed a request by governors to be exempted from criminal charges when misappropriation of public funds is established in their administration.

Governors through their umbrella body the Council of Governors had requested for exemption of criminal responsibility in misappropriation of funds.

The county bosses wanted the Building Bridges Initiative (BBI) Constitutional Amendment push to provide for a clause on personal criminal culpability, where the suspect is charged individually and the entire collective entity.

Reacting to the request by the governors, EACC boss Twalib Mbarak said including the above proposal in the Constitution would lead to impunity.

According to Mbarak, if incorporated, the law may be used by governors to shield themselves from accusations of being involved in graft.


“This would hence promote impunity in Kenya… Our investigations have demonstrated the modus operandi of several governors to conceal their role when engaging in corrupt conduct. This includes issuing verbal instructions to junior employees, intimidation and eventually receiving benefits through proxies.

 “Corruption is a white-collar crime committed by government and business professionals. It is well planned, executed and characterized by deceit and concealment,” Mbarak said as quoted by The Star.

Early this week, the governors had a retreat to deliberate on the BBI report, and issued their recommendation with one of them being; the removal of collective criminal responsibility in the management of resources at the county government.