The Public Service Commission (PSC) has opposed a Bill that seeks to impose a total ban on public officers from participating in harambees.
The commission, in its submission to the Senate, argued that public officers are members of society and communities and should be allowed to contribute to any fundraising appeals for good causes such as medical or education.
Although it lauded the Bill saying it will enhance transparency and accountability on the usage of funds collected through public fundraising appeals, the commission says public officers should not be banned from participating in harambee when they are using their own resources.
The commission says public officers live in a society and may once in a while be called upon to contribute to some causes such as medical bills.
“The commission is of the view that whereas the Bill should ban public officers from soliciting for funds using their office or presiding over harambees while in office, public officers, as members of society and communities should be allowed to contribute to any fundraising appeals for good cause such as medical or educational purposes in their own capacity using their personal resources,” says PSC chairman Anthony Muchiri.
In particular, the commission called for amendment of clause 13 (1) of the Bill that states that “a State officer or an appointed public officer shall not participate in a fundraising appeal or conduct a public fundraising appeal during his/her term as a State officer.
The commission wants the clause amended to read “a State or public officer shall not use his or her office or place of work as a venue for soliciting or collecting harambees either as a collector or a promoter of collection of harambee, obtain money or other property from a person by using his or her official position in any way.”
In its submission, the commission pointed out the provision of total ban on participation in public fundraising by persons who are holding public office and those who intend to vie for elective posits in the next three years, is in tandem with the one in the public officer ethics Act but at variance with the provision in the Leadership and Integrity Act.
The Public Officer Ethics Act states that a public officer shall not participate in a harambee in such a way as to reflect adversely on his integrity or impartiality or to interfere with the performance of his duties.
In particular, section 13 (1) (a) of the Public Officer Ethics Act states that a public officer shall not use his office or place of work as a venue for soliciting or collecting harambees.
The law also bars any public officer either as a collector or promoter of a public collection, from obtaining money or other property from a person by using his official position in any way to exert pressure.
The Bill sponsored by Senate Majority Leader Aaron Cheruiyot imposes stiffer penalties on those who breach the law.
“A State officer or an appointed public officer who contravenes the provisions of this section shall be liable to a fine not exceeding five million shillings,” reads the Bill.
Section 13 of the Bill also classifies breach of the proposal by a public officer as an election offence that could lead to one being barred from vying.
The proposed law also compels any beneficiary of a harambee to specify the source of such contributions and declare in their Kenya Revenue Authority fillings in the income tax returns.
“A person who either a contribution to fundraising appeal shall specify the source of the contribution and or receive funds as a beneficiary or for the benefit or a beneficiary pursuant to a fundraising appeal shall declare such contribution in the income tax returns submitted by such person pursuant to the Income Tax Act,” reads the Bill.
“The Attorney General is hereby directed to prepare and submit legislation to this effect and develop a mechanism for structured and transparent contribution for public, charitable and philanthropic purposes,” said President Ruto.
Those to be affected by the ban include those employed by the Public Service Commission, Parliamentary Service Commission, Judicial Service Commission, Teachers Service Commission and the National Police Service Commission.
The Senate is currently conducting public participation on the Bill before submitting its report to the House for consideration.
