Guiding principles of leadership and integrity
The Constitution revolutionizes the standard of leadership of public and state officers by placing a strong emphasis on the importance of exercising honesty, transparency, and integrity
It stresses that the responsibility of representing the people of Kenya is a privilege and that individuals who fill this role must be dedicated to express their gratitude by ensuring that their actions meet moral standards expressed in the Constitution. The principle of leadership and integrity in the constitution, therefore, should serve as guidelines for citizen to consult when electing their representatives.
The leadership and Integrity Act (No. 19 of 2012, assented to on 27 August 2012, establishes procedures and mechanisms for the effective administration of Chapter six of the Constitution.
The Act also provides a general Leadership and Integrity code for State Officers, which covers like issues citizenship, public trust, and financial integrity. Furthermore, the Act addresses personal behavioral issues of state officers like impartiality, bullying, and conduct of private affairs. It also outlines specific enforcement measures and penalties to ensure all state officers follow the Code.
The Act has two schedules: the first Schedule includes a “Self –Declaration Form” that must be completed by state officer, and the second Schedule, which gives a list of “interests” that state officers should disclose publicly. This includes any existing contracts for goods and services held by a state officer, directorship in public or private companies, and land or property in their possession
Article 75(1) of the Constitution of Kenya 2010 stipulates that “State officer shall behave, whether in public and official life, in private life, or in association with other persons, in a manner that avoids
- Any conflict between personal interests and public or official duties;
- Compromising any public or official interest in favour of a personal interests; or
- Demeaning the office that the officer holds”.
Article 76 explicitly prohibits state officers from absorbing financial contributions from having a bank account outside country, and from receiving loans that can potentially interfere with the integrity required of a state officer. There are several prohibited activities of state officers outlined in Article 77 of the Constitution. State officers may not pursue or accept any other form of employment or occupy any leadership position in a political party. The intent of Article 77 is to ensure a state officer remains focused solely on serving citizens in a manner that demonstrates honesty, integrity, and accountability.