Uhuru warns public officers against impeding justice

It may not be business as usual for misbehaving lawmakers after President Uhuru Kenyatta said they would not be allowed to use their legislative powers to obtain information from public officers and use it for extortion.

The President gave the commitment during the two-day anti-corruption conference at the Bomas of Kenya that ended on Friday.

He also sounded a warning to State and public officers, telling them to choose between their private businesses or their public jobs.

This followed complaints from Kenyans. The Multi-Sectoral National Anti-Corruption conference was convened to provide a forum for a reflection on the question of governance and sleaze.

Lawmakers in the National Assembly and the Senate have been accused of using their powers for their self aggrandisement.

BRIBERY

According to the Constitution, a House of parliament and any of its committees has the same powers as the High Court.

Some of the powers Parliament has include enforcing the attendance of witnesses and examining them on oath, affirmation or otherwise.

It also includes compelling the production of documents and to issue a commission or request to examine witnesses outside the country.

There are concerns that the powers have been abused by many wayward lawmakers.

Mr Kenyatta accused MPs of using the information obtained from State and public officers to seek bribes from those adversely suspected of committing economic crimes.

“We in the Executive and as the Legislature are aware of too many rotten apples in our midst. The root of the malaise is conflict of interest,” President Kenyatta said in response to Christ Is The Answer Ministries presiding Bishop David Oginde who read the public complaints.

BILL

Mr Kenyatta directed Attorney-General Paul Kihara Kariuki to draft a bill that would address the question of conflict of interest and the unintended consequences.

The bill will largely borrow from the 1971 Ndegwa Commission report, which prohibits any action by a public officer that creates a conflict of interest, dual loyalties or an advantage over other persons who do not hold such an office.

“State or public officers will have a simple choice: serve in the public arena or remain in private business. Those in the arena of road traffic regulation should not at the same time be players in the industries they supervise,” the President said as he promised not to give jobs to corruption-tainted people.

“Parastatal heads should not be in a position to use their offices to advance their private business.”

President Kenyatta added that the government is implementing the requirement that anyone charged with corruption steps aside.

LIFESTYLE AUDIT

He promised to ensure disciplinary and administrative action as opposed to transferring those plundering public resources.

Bishop Oginde said the lifestyle audit on public officials that was announced months ago should be conducted.

He added that it should be extended to the Judiciary, Parliament and county assemblies. The President agreed with him.

“I apologise for the audit has taken longer than it was expected. I want to give a commitment that we will conclude this once we are done with the procurement officers in the government, starting with myself,” Mr Kenyatta added.

The President challenged the two other arms of government “to follow the example set by the Executive in dealing with corruption”.

DISCIPLINE

He added that the conference would not be another talking-shop on corruption "where high-sounding promises of action are made but which never materialise”.

“I promise to continue playing a leading role in the fight against corruption. I will use all the available tools given to me by the Constitution without compromising or relenting. I will also incorporate proposed interventions into the national anti-corruption strategy,” President Kenyatta said.

The public had also wanted to have any lawmaker accused of bribery to step aside and an end to the duplication of roles by committees of the National Assembly and the Senate.

Bishop Oginde said lawmakers avoid harambees or made to explain the source of the huge amounts they contribute.

Kenyans also wanted an assurance that MPs would not increase their salaries at will.

MPs SALARIES

However, National Assembly Speaker Justin Muturi said he could not give any commitment “since my functions only involve presiding over debates in the chamber”.

He accused the media of misreporting the lawmakers' salary issue.

“The Public Officer Ethics Act provides for penalties against those involved in fundraisers. Only the Judiciary can enforce that,” Mr Muturi said, adding that the mandate of reviewing pay for State and public officers lies with the Salaries and Remuneration Commission.

President Kenyatta said MPs should not be allowed to make laws and create budgets and then directly benefit from the same.