In Kenya, corruption is widespread and deeply entrenched in the body public, having permeated all spheres of the economy. Hence, the legislative proposals by the National Assembly under the Statute Laws (Amendment) Bill 2022 bring hope in the fight against the vice by entrenching an integrity vetting framework under the Leadership and Integrity Act, 2012 to be enforced by the Ethics and Anti-Corruption Commission (EACC) on appointees to public office.
Corruption remains a major obstacle to the realisation of national goals. Notably, the “National Ethics and Corruption Survey Report 2021” released by the EACC on December 30, 2022, shows 74.1 per cent of Kenyans perceive corruption as widespread in the country. The findings show that, although much has been done to mitigate the vice, more remains to be done.
Chapter Six of the Constitution sets very high standards of leadership, ethics and integrity for public office. With it, Kenyans hoped to reverse the culture of corruption and impunity that had compromised good governance and was an obstacle to prosperity. Their aspiration is to see only men and women who meet the prescribed integrity threshold in public office.
From the 12 years of this Constitution, it is clear not much has been achieved. Tainted persons continue to be elected and appointed to public office as public entities recruit individuals facing corruption charges or having other integrity issues.
Experts cite, among other reasons for the failed realisation of the integrity threshold, the absence of a clear statutory framework to operationalise Chapter Six. The fit and proper test for the integrity of public office remains unknown. Major gaps have been cited in the Leadership and Integrity Act, the statute enacted by Parliament to operationalise Chapter Six.
MPs should urgently enact the amendments to address the wanton plunder of public resources in public institutions, especially county governments. Let recommendations by EACC on the integrity of a candidate be binding. Let the amendments not focus on appointments only but extend to elections. The electoral body, IEBC, is on record as citing a lack of enabling legal frameworks to lock out tainted candidates.
