New rules for State officers to fight corruption

Stringent integrity conditions have been spelt out for political office holders and top civil servants in the next government.

They will also have to be cleared by the anti-corruption agency before they can get their jobs.

They will be barred from using their offices to enrich themselves or their families, avoid employing their kin and tribes people and disclose the full extent of their wealth to a commission in their ministries.

Tough penalties, ranging from fines of Sh1 million to permanently being barred from holding any public office, will be meted out on those who flout the codes of ethics.

The code will guide the decisions and actions of state officers from the President, the deputy President, Cabinet secretaries, Speakers of the National Assembly and Senate, Senators and MPs.

The secretary to the Cabinet, the Attorney-General, Controller of Budget, Auditor-General, Director of Public Prosecutions, principal secretaries and members and secretaries to constitutional commissions will be bound by these tough integrity conditions.

Supporting Chapter Six

The authors of the Leadership and Integrity Bill chose to let Parliament have a say in the code of ethics for the Executive, MPs and top civil servants, which will be drafted in consultation with the Ethics and Anti-Corruption Commission.

For the governors, county assembly representatives, speakers and other staff at the devolved units will be subjected to the code of ethics which will be crafted by the electoral and boundaries, and the anti-corruption commissions.

The Judicial Service Commission will oversee the judges and senior employees in the judiciary.

Prepared by the government, the legislation is designed to give further effect to Chapter Six of the Constitution on leadership and integrity and advance ethics and integrity of state officials.

It says the anti-corruption commission and that responsible for the state officer “may confirm that a particular State office is compliant or not compliant with some or all the provisions of Chapter Six of the Constitution.”

Should anyone fail to comply, they would be barred from running for elective office or appointment to any state or public office.

The bill was tabled to groups by the Ministry of Justice, and Constitutional Affairs for discussion at the Kenya School of Monetary Studies on Tuesday.

The Bill says each commission will be responsible for giving information to any selection panel, appointing authority or Parliament.

Any person could complain to a commission for investigation to determine whether an officer has contravened the Leadership and Integrity Code.

Civil cases are to be referred to the AG for prosecution and criminal ones to the Director of Public Prosecutions.

Each commission is required to gazette the specific Leadership and Integrity Code it has established within 90 days after the commencement of the Act.

A person who hinders investigations on leadership and integrity issues is guilty of an offence and can be slapped with a fine not exceeding Sh5 million or sent to jail for a term not exceeding five years or both.

According to the Bill, state officers would be required to declare their income, assets and liabilities together with those of their spouses and children under the age of 18 every two years.

This will be done in the December of every second year with the first one being within 30 days after becoming a state officer. One is also required to submit a final declaration within 30 days after they leave office.

Failure to do so could earn a fine not exceeding one million shillings or to imprisonment for a term not exceeding one year, or both. The Bill says a state officer shall not use their office to improperly enrich themselves or others.

A state officer is further barred from holding shares or having any interest in a corporation, or organisation which would create a conflict of interest.

State officers are also barred from awarding a contract or influencing the award to themselves, spouse or relative, a business associate or a corporation.

The legislation comes at a time when a son in-law of a Cabinet Minister and a husband of an assistant minister have been charged with fraud over contracts awarded at the Ministry of Water.

The Bill prohibits state officers from using their offices or places of work to solicit or conduct harambees (fundraisers).

However, a Cabinet secretary could grant approval for a State officer to raise funds upon a representation by the responsible Commission or the Ethics and Anti-Corruption Commission.

The Bill says a state officer who intends to maintain a bank account outside Kenya shall make this known before doing so.