Inside Uhuru's radical Conflict of Interest Bill

Public servants would have to declare their rental income, business income, farming income, investment dividends as well as pension and royalties, among many other sources of revenue.

Developed and undeveloped land, automobiles, marine vessels and aircraft are among assets that would also have to be declared.

These are some of the provisions in The Conflict of Interest Bill, 2019 which President Kenyatta wants fast-tracked.

If passed the radical, far-reaching anti-graft bill would bar public servants — both elected and nominated — from doing business with the government and engaging in harambees.

The Bill which the President mentioned on Jamuhuri Day, requires every public servant to submit to the Ethics and Anti-Corruption Commission a declaration of his or her income and assets, complete with those of their spouses and children.

Any citizen can access that information with a written request under the Freedom of Information Act. No special reasons are needed.

At present public servants must file a similar report with EACC when they are appointed but it remains under seal and is returned to them when they leave office. It can only be made public with a court order.

The Bill further would requires public servants to update the EACC of any changes amounting to at least 25 per cent of their income, assets and liabilities, and those of their families. On leaving office, they would be required to file another comprehensive statement.

To track the accumulation of wealth by public servants, the proposed law seeks to compel them to notify the anti-graft agency whenever they acquire or dispose of a high-value asset.

Political leaders have been acquiring the latest top-of-the-range vehicles, yachts and choppers but the sources of their wealth usually remain unknown.

The Bill would require all public servants to notify the EACC of any changes in marital status.

Appointment or changes in directorships or changes in membership in companies or partnerships must also be disclosed to the EACC.

In a strategy to keep tabs on public officers' change of fortunes, the law proposes wealth declarations of the officers' financial status, one year before appointment.

Within 30 days of exiting office, public officers will also be required to submit a final wealth declaration.

Failure by public officers to declare their wealth or give false information would be a criminal offence attracting a fine not exceeding Sh5 million, a prison term of no more than four years, or both.

In what would deal a blow to politicians using big-money fundraising as a political strategy, the proposed law bans public officers from participating in public donations.

“A public official shall not participate in the collection of funds from the public, either as a collector or promoter, in a way that reflects adversely on that public official’s integrity, impartiality or interferes with the performance of the official’s duties,” the Bill states.

Under the proposed law, a harambee can only be sanctioned by the President “by notice in the Gazette", allowing a public collection for the purposes of national disaster relief.

Deputy President William Ruto has been seen as the face of the harambee culture and has been traversing the country giving huge donations to churches, public institutions as well as women's and youth groups.

Critics have questioned the DP’s source of massive wealth and claimed they are proceeds of corruption. He denies this and says he gives money in broad daylight for God's work will his detractors give money to witchdoctors at night.

The proposed law seeks to reign in rogue public servants influencing government tenders and rewarding cronies and relatives

The Bill also seeks to ensure that public servants do not engage in private business incompatible with their duties.

"A public official shall not engage in any gainful employment which results in the impairment of the judgement of the public official in the execution of official duties; results in the conflict of interest; or the official is mandated to regulate or exercise oversight,” the Bill states.

On Thursday, President Uhuru Kenyatta threw a spanner in the works and blasted MPs who are defending graft suspects in the dock.

Uhuru’s targets were Senate Minority Leader Kichumba Murkomen and Minority Whip Mutula Kilonzo who have been representing beleaguered Nairobi Governor Mike Sonko in a Sh357 million graft case involving city-county tenders.

The President said officials should not use state or public office to advance personal interests at the expense of public service. 

“The position is simple: you either serve the public in the role you signed up for or you serve the Republic as a private practitioner; it is a profound conflict of interest to do both,” the President said.

He directed the Attorney General to fast-track the law against conflict of interest to the Cabinet for approval and transmittal to Parliament. 

The Bill also requires public officials to recuse themselves from any discussion, decision, debate or vote on any matter to which they would be in conflict of interest.

The proposed law has also dealt a blow to suspects under investigations.

“A public official who is under investigation for alleged violation of this Act shall, on the recommendation of the Commission (EACC) to the appointing authority, temporarily vacate office for a period of 90 days to facilitate investigations,” the Bill proposes.

Currently, grafts suspects are only forced to leave office when charged, a move that Uhuru himself publicly backed in April this year during the State of the Nation address.

The proposed law also seeks to bar public officers and members of their families from accepting gifts or other advantages that may influence their judgment in the exercise of official power, duty or function.

“If a public official or a member of the official’s family accepts any gift or benefit, the public official shall, within 48 hours of resumption of duty, make a declaration of such acceptance, giving sufficient detail on the nature of the gift or other advantage accepted, the donor and the circumstances under which it was accepted,” the proposed law says.

Under the proposed law, it would be mandatory for all public entities to maintain a register of gifts received by public officials serving in the public entity, those given by the public entity to public officials and donations received.

A public official or member of his or her family shall not accept an offer for travel, holiday, hospitality, training, scholarship or medical treatment for any purpose unless the complementary treatment offered is required in his capacity as a public official or in exceptional circumstances, the Bill proposes.