East African Center For Law & Justice


Amnesty to avoid Prosecution

The Kenya Anti Corruption Commission (KACC) has published a request to all those who want to take advantage of amnesty provisions of Section 25(a) of the Anti Corruption and Economics Crime Act. The Commission has given them 60 days to surrender their illegally acquired wealth or risk prosecution.
Those willing to take up what has been referred to as ‘special offer’ are required to fully disclose and declare the wealth illegally acquired and pay it back with an extra 12 percent of the value of the wealth, in return for amnesty.
According to KACC Director PLO Lumumba, not all cases will guarantee amnesty, each case will be considered on its own merit, only those that pass the test as set out in the law will be considered. Dr Lumumba also said that the corruption cases going on outside the jurisdiction of Kenya will proceed regardless of the step taken by the anti-corruption body to offer amnesty. This statement comes after it emerges that former Kenya Power and Lighting Company manager; Mr. Samuel Gichuru was willing to surrender part of his wealth. He is facing extradition to Britain to face graft-related charges and had earlier in the year approached KACC seeking amnesty. This was not possible since the amnesty offer had not been officially considered.
The applications for amnesty will be directed to a five-member amnesty committee led by the Deputy Director of KACC Dr John Mutonyi who also heads the investigation and asset tracing directorate. The moneys collected in the process of restitution will be forwarded to the consolidated fund. Meanwhile, KACC Advisory Board has forwarded names of Ms Irene Keino and Mr Charles Wambugu to Parliament for consideration as part of the group that will vet commissioners as required by the Independent Boundaries and Elections Act.
The seven member selection panel will also include two nominees each from the office of the president and the prime minister and another two each from the judicial service commission and the professionals association of East Africa.

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