Appointments are against the Constitution

What you need to know:

  • Some of the names proposed by the President cannot be entrusted with the management of public affairs.

  • The absence of public accountability in the past created an environment in which corruption and impunity thrived.

The President cannot be talking about having the privilege of overseeing the full implementation of the Constitution when his actions go against these very laws.

The Constitution ushered in a new dispensation and a new way of doing business.

It forms the new foundation upon which we are to build a more inclusive and cohesive republic in which people of all ethnicities, races, and religions have an equal seat at the table and an equal voice in matters of the nation.

A look at the President’s Cabinet reshuffle last week paints a contradictory message.

The National Assembly should stall the approval of nominees with a shady past.

The Constitution provides, under Chapter 6, for leadership and integrity of all public officers.

The chapter is predicated upon the assumption that State officers are the nerve centre of the republic and carry the highest level of responsibility in the management of State affairs and, therefore, their conduct should be beyond reproach.

It is the desire of Kenyans that those whose conduct does not inspire public confidence and integrity be kicked out of the management of public affairs.

Some of the names proposed by the President cannot be entrusted with the management of public affairs and resources for lack of good character, probity, and uprightness and therefore should not have been appointed.

Under the old constitution, presidential control of the institutions of governance was exercised through unregulated powers of appointment and dismissal; the president could appoint and dismiss public servants at will.

LACK OF ACCOUNTABILITY

The new constitutional dispensation, however, demands that public servants be accountable not just to the president but also to the public.

The absence of public accountability in the past created an environment in which corruption and impunity thrived.

This is what necessitated the establishment of standards for the credibility of the future and the incumbent leaders of Kenya.

The centrepiece of the anti-corruption and public integrity reform is Chapter 6 of the Constitution, the Anti-Corruption and Economic Crimes Act, and the Leadership and Integrity Act.

Therefore, the President cannot purport to be determined to fight corruption and improve service delivery when his appointments go against the spirit and letter of Chapter 6 of the Constitution.

All those nominated by the President on November 24 must exhibit the values and principles of public service, as espoused in Article 232 of the Constitution.

Are they men and women of high standards of professional ethics, efficient, effective, and economic in their use of resources, responsive, prompt, impartial, and equitable in provision of services? Are they accountable for their administrative actions? Do they involve people in policy-making and are they transparent and timely in providing services to the public?

Those who fall short of these barometers should not be appointed or approved.

Kenya has a progressive Constitution. The government and its agencies must exercise fidelity in its implementation to enable Kenyans to enjoy the fruits of the new dispensation.