New graft policy to target Kenya ministers

The Assistant Director of the Kenya Anti-Corruption Commission Dr Smokin Wanjala during the National Records Management policy conference on Wednesday at the Kenya Institute of Education . Photo/ PETERSON GITHAIGA

What you need to know:

  • National Policy on Records and Management will be ready by end of the year
  • New policy will allow Kacc to pin ministers responsible for scandals in course of carrying out their duties.

The buck on corruption will soon stop with Cabinet ministers if a new policy meant to fight graft is adopted.

Previously, ministers have been quick to shift the blame on accounting officers in their ministries, departments and corporations whenever a scandal occurs in their dockets.

The Kenya Anti-Corruption Commission and the Ministry of National Heritage and Culture is working on the National Policy on Records and Management that will be ready by end of the year, Kacc assistant director Smokin Wanjala has said.

"It will be the first time ever the ministers will be accountable for records particularly when they leave office," Prof Justus Wamukoya, who gave an overview of the policy document during a stakeholders meeting at the Kenya Institute of Education in Nairobi, said.

Dr Wanjala added: "The feeling around is that in the past, records have been in custody of technical officers in government departments, permanent secretaries and subordinate staff."

Ministers, he said, were limited to making political statements and thus it was not "easy to fix a specific minister on a specific issue in terms of record."

As a result many ministers have been let off the hook as PSs, technical officers and other staff are hauled in courts over irregularities in their ministries.

For instance, in major government scandals like Goldenberg and Anglo Leasing, it is the former PSs and other staff that were charged in court as ministers mentioned in the scandals remained untouched.

Dr Wanjala said the new policy will allow Kacc to pin ministers responsible for scandals in course of carrying out their duties.

The proposed policy which is currently in draft form, states: "Records created by ministers in the course of official business transactions are public records."

"The ministers shall be responsible and accountable for official records in their possession," it added.

On vacating office, the ministers shall hand over the official records in their possession to the accounting officer in the ministry.

Dr Wanjala said lack of such proposed policy had negatively impacted on the war against corruption as some of the evidence brought against some ministers could not sustain prosecution.

If implemented, he said, the policy will make it difficult for those who create records to deny responsibility.

Other speakers at the meeting including permanent secretary Jacob Ole Marion, Kenya National Archives and Documentation Service director John M’reria and his deputy A Akhaabi underlined the importance of records in country’s development.

They said the state of records management in the country remained a challenge due to lack of standardised practices and procedures.

They thus called for development of a records management policy to address the challenges.

The proposed policy seeks to facilitate standardisation in the application of procedures and practices in records and archives management. All the public sector’s policies, procedures and systems pertaining to records management should be consistent with the policy, if adopted.

Asked if notes allegedly written by some ministers and MPs for maize allocations from the National Cereals and Produce Board formed part of the records, Dr Wanjala could not comment saying investigations were ongoing.

"We are still trying to tie loose ends," he said, adding that more than 20 MPs and ministers were being investigated over the maize scandal.

Two ministers and 15 MPs have since been interrogated by Kacc.

He said businessmen mentioned in connection with the maize scandal and others who could be having any information will also be interviewed by Kacc.

On Triton, Dr Wanjala said: "We are doing the best we can in regard to the oil scandal. We will summon any person considered relevant to the investigations."