The Ethics and Anti-Corruption Commission (EACC) has expressed strong opposition to a proposed amendment in the Ethics and Anti-Corruption Commission (Amendment) Bill, 2024.
The amendment seeks to mandate that the chairperson of the EACC must be qualified to hold the office of a Judge of the High Court.
EACC leaders argue that this proposed change, which narrows the qualification criteria to only legal professionals, undermines the inclusive approach currently in place.
The existing EACC Act 2011 requires the chairperson to meet the standards of Chapter Six of the Constitution, hold a university degree recognized in Kenya, and have at least 15 years of experience in ethics, governance, law, or public administration.

The bill’s proposal to restrict the role to legal experts exclusively has sparked controversy within the commission. Twalib Mbarak, EACC’s Chief Executive Officer, voiced concerns that this restriction could compromise the commission’s effectiveness by limiting the diversity of perspectives.
Mbarak emphasized the importance of a diverse leadership team, noting that the EACC’s Directorate of Legal Services already includes highly qualified legal experts.
He argued that confining the chairperson’s role to those with legal qualifications might stifle innovation and exclude valuable insights from professionals in other fields.
“Limiting the chairperson’s position to legal professionals could narrow the commission’s perspective and exclude the diverse expertise necessary for addressing the complex issues in ethics and governance,” Mbarak said.
“A variety of competencies and viewpoints are essential for effective problem-solving.”
He further clarified that the role of the EACC chairperson is more strategic and policy-focused rather than operational, suggesting that a legal background alone does not guarantee the necessary skills for the position.
Mbarak called on lawmakers to reconsider the proposed amendment, arguing that a diverse leadership approach could foster more innovative solutions and improve governance outcomes.