Transparency International {TI} Kenya has revealed that the Leadership and Integrity Bill as proposed by Cabinet is a skeleton Bill if compared to what was proposed by the Commission for the Implementation of the Constitution {CIC}.
TI noted that the Cabinet Bill is a boldest attempt yet to undermine the aspirations of Kenyans as expressed in the Constitution after deletion of very key provisions from the CIC Bill that would ensure adequate promotion of leadership and integrity in Kenya since it was a way of discouraging state officers from abusing their offices for private gain.
“These provisions that were deleted by Cabinet were Declaration of Assets, Income and Liability of State officers and Certificate of Compliance with Chapter Six for persons seeking election or appointment to State office. As a result the Cabinet Bill wholly and completely fails in delivery of leadership and integrity,” TI said.
TI also said the amended Bill fails to address deficiency of integrity in leadership after the two key provisions were deleted thus lowering standards for leadership contrary to public expectations and in contravention of the letter and spirit of the Constitution.
“State officers must adhere to the constitutional provision that a full-time State officer shall not participate in any other gainful employment. Cabinet favors the status quo by allowing for unrestricted directorship in private companies and participation in ‘business undertakings that do not require active participation’. The underlying principle should be to ban employment that is likely to put an officer in a situation of conflict of interest,” TI elaborated.
Furthermore TI added that parliament ought to create mechanisms providing procedures to elect or select leaders based on personal integrity, competence and suitability arguing that the proposed CIC bill provided for a mechanism to fulfill this provision that required the EACC to issue a certificate of compliance to any person to gauge their compliance with chapter six of the constitution before they are elected or selected for office.
“The Cabinet Bill opens possibilities for unwarranted interference in the work of the EACC. The leadership and integrity bill MUST outline disciplinary procedure for breach of Chapter Six. The Cabinet Bill ought to provide for a disciplinary mechanism in its body or mandate the EACC to develop such disciplinary mechanism for State offices,” TI revealed.
Additionally the organization said the Bill must carry provisions for the protection of whistleblowers or informers on matters relating to ethics and integrity arguing that the Cabinet Bill fails to afford persons working within government protection measures in the event that they inform, report or collaborate with authorities on illegal activities in breach of Chapter Six committed by other State or public officers.
“The lack of protection for informers or whistleblowers will result in victimization of state or public officers who wish to see the letter and spirit of the Chapter Six fully implemented,” TI warned.
On this note the organization called on Parliament to reinstate the deleted provisions and further strengthen the leadership and integrity bill before enacting it into law and Kenyans to be on the alert and resist any attempt at undermining the constitution promulgated in 2010.
“Considering the fact that the Cabinet Bill negates the input of the public (i.e. the public, civil society, professional bodies and governmental agencies), and is not an accurate reflection of the demands of Kenyans and the provisions of the Constitution. It therefore renders itself to challenge in the High Court if passed as it is,” TI cautioned.
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