Governors must live up to integrity standards in oath
Nairobi Governor Johnson Sakaja taking the oath of office administered by Justice Roselyne Aburili (left). In a synchronised nationwide ceremony, 45 newly elected governors and their deputies took the oath of office on August 25.
What you need to know:
- EACC was present at all the swearing-in ceremonies to witness the event.
- The signing of the code is a requirement under the Leadership and Integrity Act, 2012, which operationalises Chapter Six of the Constitution.
- It binds governors and their deputies and, indeed, any elected state officer to which it applies.
In a synchronised nationwide ceremony, 45 newly elected governors and their deputies took the oath of office on August 25.
And another equally solemn ceremony took place, albeit without much notice: The signing and commitment to the Integrity Code by the officials.
EACC was present at all the swearing-in ceremonies to witness the event.
The signing of the code is a requirement under the Leadership and Integrity Act, 2012, which operationalises Chapter Six of the Constitution.
It binds governors and their deputies and, indeed, any elected state officer to which it applies.
Other state officers listed under Article 260 of the Constitution include the President, Deputy President, Cabinet Secretary, Principal Secretary, Senator, Member of the National Assembly, County Executive Committee Member, and Member of the County Assembly.
The code provides for obligations and prohibitions on the performance of duty.
For instance, state officers commit to always observing the rule of law.
The code reminds them that the offices they are elected or appointed to are positions of public trust and, as such, provide an opportunity to serve, not power to rule.
It prescribes how the officers are to conduct themselves in public and private life.
Being in the public limelight, they must carry themselves with utmost dignity and decorum, in a manner that maintains public confidence in the integrity of the office.
The code also provides for the management of conflict of interest, a leading cause of corruption in the public sector.
Every public entity must open and maintain the relevant register in which state officers declare and register all personal matters that conflict with official duties.
To prevent stashing of looted public resources abroad, an officer seeking to operate a bank account there must get EACC approval.
Same as one who joins public service with an active bank account outside Kenya.
They must submit annual bank statements for analysis. Non-compliance is a criminal offence under Section 19 of the Act.
Prudent management
The code enjoins state officers to ensure prudent management of the public property under their care and control.
They are prohibited from engaging in illicit enrichment.
Indeed, an officer whose actions or omissions lead to the loss of public property is required to pay compensation to the government.
These provisions amplify the principles of leadership prescribed under Chapter Six, which require objectivity and impartiality in decision-making, selfless service based on the public interest, accountability to the public for decisions and actions, and discipline and commitment to service to the people.
By signing the Integrity Code, governors and their deputies, in effect, committed to, during their tenure, upholding integrity, protecting public trust and not engaging in corruption.
It was a pledge that they will proactively combat and prevent corruption.
This solemn commitment comes with grave consequences in the event of a breach with penalties potentially detrimental to political ambitions—including impeachment and imprisonment. They must walk the proverbial straight and narrow path.
Mr Kaisha is an advocate of the High Court of Kenya. [email protected].
