What the spirit of the constitution says on issue of public service and politics

Cabinet secretaries, principal secretaries and various state and public officers are actively campaigning for the re-election of President Kenyatta and Jubilee Party on August 8.

The question is, should they? As I argued last Sunday, public officers are legally barred from participating in politics and, in established democracies, elected representatives handle the politics as civil servants implement their (politicians’) policies.

I agree that because the civil service implements the policies of the government it must, of necessity, be sensitive and responsive to its political agenda.

But, this must not translate to political partisanship because civil servants must remain politically impartial. They must not campaign for or against political parties or use public resources to further partisan political causes.

The reason is that governing parties or governments come and go, but they must find and leave a civil service primed to translate their policies and legislation into workable blueprints and implement them.

POLITICAL IMPARTIALITY

Put another way, the permanence and competence of Kenya’s civil service will be defined by its political impartiality or neutrality.

The government of the day does not own the service, but the service owes its loyalty to the government.

Therefore, the government should, indeed, through CSs, protect civil servants from political interference. That means it must not involve them in politics.

Indeed, Jubilee should hold the service in trust for the next administration without compromising its impartiality.

That brings to mind the endorsement by the Independent Electoral and Boundaries Commission of Cabinet Secretaries as legitimate political players.

INTEGRITY PERMITS

The commission says ministers are in order to expound on government services and that the law on leadership and integrity permits them.

True, that proviso bars the rest, but exempts CSs, from partisan politics. But what is the significance of this? One, just as State House expects mileage from CS-powered campaigns, so also do CSs expect reward by way of reappointment or promotion should Jubilee win in August.

Indeed, all campaigning public officers expect to be rewarded. Two, this runs the risk of developing into a situation where CSs will be recruited and promoted on grounds of political participation instead of professional competence.

Three, politically partisan CSs cannot instil, much less enforce, political impartiality in the ministries that they lead. This will politicise the service and compromise professionalism and efficiency.

Four, henceforward public officers could give State House counsel it wants to hear instead of impartial advice in exchange for promotion.

PUBLIC SERVICE

Five, what is the spirit of the constitution on the matter of public service and politics?

Previously, ministers, now called CSs, were politicians picked from among MPs. The 2010 constitution requires that CSs be nominated from outside MPs.

The framers envisaged a technocratic and professional cabinet shielded from politics or staying above the political fray.

A technocratic cabinet is one in which ministers are appointed on account of their technological, scientific, engineering and technical expertise and acumen, and from other experts and professionals instead of elected representatives.

Previous cabinets of politicians, their professions and expertise notwithstanding, served Executive and party interests and were blamed for interfering in the Service, causing despondency and skewing delivery.

ENGAGE IN POLITICS

Six, by allowing CSs to engage in politics Section 23 of the Leadership and Integrity Act emerges as the Trojan horse that could disorganise the Service and defeat the spirit of the constitution on shielding the Service from politics. The proviso has grave implications for the Public Service.

Last, why does State House have politicians in cabinet? They say at Westminster that when you have a majority, you can do anything except change a woman into a man.

The Cabinet now has eight politicians, including President Kenyatta and Deputy President William Ruto, to go head to head with Mr Odinga & Co.

There is a Jubilee-led campaign for a return to appointment of CSs from among MPs.

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