The proposed amendments in the ACC bill: What effect will the amendments have on the ACC Act and the way the operations of the ACC as an institution are undertaken
Malao, Laura Inonge
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Nobody needs to be lectured on the evils of corruption. Societies that have massive corruption suffer misery in a thousand ways. The assumption that "free" markets and non- intervention are the sole remedies against corruption is simply wrong. Each country produces its own type of corruption and no system is corrupt free. This also entails that each country should have laws that are best suited to combat corruption in the best way possible. Corruption is a universal problem and is fast growing in many countries today. The definitions of corruption vary from one jurisdiction to another but all bear the same characteristics. Some of these are giving money or some valuables in return for a favour, abuse of one's official position for some benefit or some gain or benefit. Corruption can also be an act or practice marked by dishonesty and abuse of ones position and power, misuse of public office for personal or selfish gain, misconduct and maladministration. A general definition of corruption can be given as the giving of money or any thing valuable in return for a favor. Corruption also involves abusing one's official position for personal gain This work will endeavor to ascertain whether the proposed ACC Bill will significantly revise the current Act and whether it will be more effective than the current Act. its efficacy in helping to fight the scourge of corruption will also be determined. It is stated that the Corrupt Practices Act had far reaching provisions than the current ACC Act; the objective of this paper is to compare the present Act and the Proposed Bill to find out what effect the proposed Bill will have on the ACC Act, the way the ACC will be able to undertake its investigations, whether the new provisions will make the operations of the commission easier. The paper is divided into five chapters. Chapter one has dealt with the introduction and it gives background information on the research subject. Chapter two will look at the new provisions in the ACC Bill that are not in the current ACC Act. Chapter three will look at how the existing provisions of the current ACC Act have been amended by the provisions in the ACC Bill. Chapter four will contain the analysis of the ACC Bill will have on the ACC Act, the way investigations are carried out by the commission and the effect that the new provisions will have on the general operations of the commission. Chapter five will give recommendations and a conclusion based on the findings. An approach based on why the current Bill has been put into place to supersede the current ACC Act was taken. This entailed an extensive literature review of authentic knowledge undertaken prior to the passing of the Bill and also an analysis of the Bill in comparison with the current ACC Act. Literature review of whatever was published and which was relevant to this research topic was essential to deepen the framework of this paper. Furthermore some interviews were carried out in order to get views from the officials who work with the ACC and other stakeholders in order to ascertain what effect the proposed Bill will have on the operations of the ACC as an institution, on the ACC Act and on the general public.
- Law