State tightens law on vetting state officers

President Uhuru Kenyatta is tightening laws guiding Parliament’s vetting and approval of nominees to various state offices. 

A bill sponsored by Majority leader Aden Duale seeks to give Parliament more time to vet nominees tipped for appointment.

The Statute Law (Amendment Bill), 2020 seeks to increase to 28 days from 14 for Parliament’s Appointments committee to vet a candidate. 

This is aimed at curbing instances where MPs have had to seek extension of time to conclude vetting, most of which is always sought for verifying information.

The Ethics and Anti-Corruption Commission, according to the proposal, will be required to verify declaration forms filled by nominees prior to parliamentary approval. 

“The commission may verify the contents of a self-declaration form submitted by an applicant within seven days of receipt and advise parliament or a panel constituted for the short-listing of persons for appointment to a state office,” the bill reads. 

The checks by EACC would be on the financial integrity of the candidate. 

The government also seeks to introduce a Sh5 million fine or a five-year jail term for a state or public officer who fails to declare their bank accounts outside Kenya.

The fine would also be applicable to those who fail to submit annual statements of their bank accounts outside Kenya. 

The government is further seeking to make it difficult for persons with integrity questions to assume state offices. 

Any person will now be in a position to go to court to challenge the assumption of office by individuals tainted with graft. 

“The High Court may declare the assumption of office by a state officer to be invalid for want of signing of the officers’ specific Leadership and Integrity Code,” the proposal reads. 

Parliament has been criticised for clearing nominees without due background checks – more so their academic qualifications. 

There are also concerns the House has been operating as if it were an appendage of the Executive despite the independence it is granted by the Constitution.

Separately, the bill seeks to realign state officers to institutions that would be the responsible commission for their ethical conduct. A source at EACC told the Star that it would be these teams that the agency would write to in the event they need disciplinary action against a public officer.

“This is to end the confusion we have had with the new constitutional dispensation. It will now be easy to enforce compliance at the level of the respective employers,” a senior official said.

The Powers and Privileges Committee of the National Assembly will be responsible for ethics of MPs and the speaker. 

It will also be responsible for the President, Deputy President, Cabinet Secretaries, Attorney General, Auditor General, Controller of Budget and members of constitutional commissions. 

Senate’s Powers and Privileges Committee will be responsible for the ethics of senators, governors, and deputy governors. 

County assemblies’ privileges committee will be responsible for MCAs, speakers and CECs.

EACC will be responsible for its staff whereas the Public Service Commission will be responsible for public officers under its direct purview.

County Public Service Boards will be responsible for county staff apart from the clerk and staff of the county assembly.

The Judicial Service Commission will be responsible for judges, magistrates, Kadhis and public officers. 

The IEBC, TSC, National Police Service Commission, Defence Council and NIS Council shall be the commission responsible for public officers under their purviews. 

Central Bank of Kenya board will be responsible for officers and employees of CBK, banks and financial institutions – state corporations, licensed under the Banking Act. 

Commission for University Education will be responsible for employees of a public university other than those under the PSC. 

Edited by R.Wamochie