The Commission for the Implementation of the Constitution {CIC} has termed the Leadership and Integrity Bill 2012 as ineffective in implementing Chapter Six of the Constitution and contains clauses that are unconstitutional.
In a statement, CIC argued that the Bill is not a reflection of various proposals and memorandums received from the public on what should be contained in a leadership and integrity law.
The statement noted that the Bill fails to establish transparent procedures and mechanisms for the effective administration of Chapter Six and more specifically fails to establish a vetting process for persons seeking election to public office whilst also ensuring that they conform to the requirements of Chapter Six and the ethical and moral requirements necessary under Article 99 and 193.
“This is a key expectation of the Bill whose objective is to provide a minimum threshold of election based on personal integrity, competence and suitability,” said the statement.
According to the statement, the Bill fails to allow for public input and participation into the vetting process for persons seeking election or appointment to State office.
“The Bill fails to provide for a way(s) for the comprehensive administering of Chapter Six; and fails to provide for processes of review and appeal for persons dissatisfied with decisions of the institutions vetting the persons with respect to Chapter Six,” CIC said.
Moreover the statement noted that the Bill waters down key provisions of the Constitution and in particular key aspects of Chapter Six such as Article 77 that deals with gainful employment and Article 73 on Responsibilities of Leadership.
The commission elaborated that the Bill fails to provide for a mechanism that would allow the EACC to prosecute cases of breach of Chapter Six where the Director of Public Prosecutions refuses to prosecute without good cause.
On this note, CIC said it will work with Parliament, other constitutional offices and responsible citizens and authorities towards review of the Leadership and Integrity Bill, 2012 to ensure that the letter and spirit of the Constitution is respected and that expectations of the members of the public as set out in the Constitution and in particular Chapter Six, are met.
“It is important to note that in the absence of a legislative mechanism for vetting persons seeking State office, Kenyans will be forced to resort to the courts for appropriate declarations, a process that will be costly, time consuming and which should only be a last resort,” the commission warned.
The commission concluded by saying that in fulfillment of its Constitutional mandate, it will be sending a detailed Advisory to the relevant Parliamentary Committee and if necessary to the President for further action warning that in the event that the Bill continues to carry with it any provisions that are unconstitutional, CIC will not hesitate to seek judicial intervention on the matter.
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