Members of County and National Assemblies have developed a culture of creating chaotic scenes at the Assemblies and getting away with it. Nairobi Senator Johnson Sakaja told ROGGKenya that failure to implement the Leadership and Integrity Act fully has contributed to this unfortunate and embarrassing situation across the country. “Sometimes members become very emotional on … Continue reading “Failure to Implement the Law Contributes to Chaos in Assemblies”
Years before the Access to Information Act, there already were laws in place that required state entities to publish and publicize routinely what they do and what the citizen should know about. Some of them have not been followed for all those years. Check where access to information provicions are being followed and where not … Continue reading “Even before the Access to Information Act, this has been mandatory for Institutions”
In law, there are always special rules for public and State officers. The rules for State officers are often more strict than those for public officers. So the question is: How are these terms defined? The Constitution of Kenya defines this in Article 260. Everybody who holds a public office is a public officer. This … Continue reading “Rules for Public and State Officers”
Under the Leadership and Integrity Act Sec. 19, Public Officers including State Officers shall NOT possess a bank account outside of Kenya. They must declare foreign accounts to the EACC once appointed to office. They also have to submit statements of the account annually to the Commission and authorize the Commisison to verify the statements. … Continue reading “State Officer holding foreign Bank Account”
The Public Officers Ethics Act is simply a list of dos and don’ts for public officers in Kenya. It constitutes their Code of Conduct and more, like the obligation to file a declaration of wealth to uncover any suspected income and assets acquired corruptly.
The Leadership and Integrity Act constitutes the rules and code of conduct for state officers and, in some cases, for public officers as well. It names penalties for the offences under this Act.
Penalties for Corruption Offences The Law provides for the following penalties: – A fine not exceeding Ksh 1,000,000/- or imprisonment for a period not exceeding 10 years or both. – Additional mandatory fines, if as a result of the corrupt conduct or economic crime a person receives a benefit that can be quantified or measured, or … Continue reading “Penalties”
Public officers have to declare income, assets and liabilities of either himself, his spouse(s) and his children under 18 every second year. The procedures for doing this are lain out in Part IV Sec. 26 to 34 of the Public Officers Ethics Act. If they don’t they are committing an offence.
Abuse of Office (section 46 of the Anti-Corruption and Economic Crimes Act, 2011) means: A person is guilty of an offence if he/she uses his/her office to improperly award a benefit to him/herself or another person.