The Ethics and Anti-Corruption Commission (EACC) has voiced strong opposition to the proposed Ethics and Anti-Corruption Commission (Amendment) Bill, 2024. This Bill, which was discussed by the Departmental Committee on Justice and Legal Affairs (JLAC) on July 31, 2024, seeks to amend Section 5 (1) of the EACC Act 2011, making it mandatory for all future Chairpersons of the Commission to be lawyers.
Deputy CEO Abdi Mohamud presented the EACC’s objections, outlining several key reasons:
- Diverse Leadership Needed: The Commission can be effectively led without a lawyer at its helm. The EACC already has a Directorate of Legal Services staffed with highly qualified legal professionals who review evidence and advise on legal matters.
- Broad Skill Sets Required: Legal professionals may lack skills in crucial areas such as investigation techniques, financial analysis, and corruption prevention, which are vital for anti-corruption work.
- Importance of Diversity: Limiting the Chairperson role to lawyers may reduce the diversity of competencies and expertise within the Commission’s leadership.
- Innovation Potential: Non-legal professionals could bring fresh ideas, innovative approaches, and diverse skills, potentially enhancing the Commission’s effectiveness.
Historically, EACC Chairpersons and those of its predecessor institutions have been lawyers. However, the Commission asserted that there is no significant advantage in having a lawyer over other professionals in this role. The EACC Chairperson’s part-time responsibilities focus on strategy and policy, not operational tasks, making a legal background unnecessary.