Senators differ with Uhuru on conflict of interest draft bill

Two senators have differed with President Uhuru Kenyatta’s directive stopping lawmakers from acting as lawyers for leaders facing corruption charges.

Elgeyo-Marakwet Senator Kipchumba Murkomen and his Murang’a counterpart Irungu Kang’ata said there was nothing wrong with representing such individuals.

RESPONSIBILITY

During his Jamhuri Day speech at Nyayo National Stadium, Nairobi, President Kenyatta accused some public officials of using their positions to advance personal interests.

Many interpreted the remarks as directed to Murkomen, Senator Mutula Kilonzo Jr (Makueni) and Makueni MP Dan Maanzo.

The three had appeared for Nairobi Governor Mike Sonko in his corruption case just days before.

“The position is simple; you either serve the public in the role you signed up for or you serve the republic as a private practitioner. It is a profound conflict of interest to do both,” the President said while directing the Attorney-General to draft the bill and submit it to the Cabinet for approval.

Mr Murkomen, who is also the Senate majority leader, said representing Mr Sonko is in accordance with the Constitution, insisting that the first responsibility of the Senate is not oversight but protecting counties and devolved governments.

PRIVATE BUSINESS

The Elgeyo-Marakwet senator said he understands devolution properly as he is one of the people who championed it during the writing of the Constitution.

“The first responsibility of the Senate is not oversight. Read Article 96 of the Constitution properly,” he said during the Kimalel goat auction on Saturday.

“I’m no longer a young person. I was a university lecturer and part of the task force on devolved governments. I was in the team that wrote the law of devolution.”

Mr Kangata said elected leaders in other professions are running private businesses and it would be wrong to tell lawyers not to do the same.

“Whereas the issue conflict of interest may be raised, every person retains the right to choose counsel. Courts have already pronounced themselves and allowed lawyers who are MPs and senators to continue handling the cases,” the Murang’a senator told the Nation by phone.

FALLBACK PLAN

“Citizens should benefit from the skills of legislators who are lawyers. In 2016, I moved an amendment to the Victims Protection Act to allow victims of crime a right to legal representation in trials.”

Mr Kangata added that he still represents clients in court “as a side hustle for that keeps me away from corruption and shady deals”.

“I don’t intend to close my law firm. Lawyers too have families. Legislators who do not have a fallback plan upon leaving politics are highly exposed to the vagaries of corruption,” he said, adding that though he supports the bill, it should not  disempower those who want to do legitimate work.

The draft bill, seen by the Nation, defines a public official as a person engaged in any capacity in the delivery of government programmes or services.

DECLARE INCOME

The bill says any attempt to conceal a conflict of interest by one or more State officials will be termed as so and that a public officer serving on a full-time basis will not engage in any employment, whether salaried private practice consultancy or honorary public positions.

Public servants would have to declare their other income.