We lost out on Chapter 6 in polls, let’s not repeat mistake in appointments

Finally, the much-awaited 2022 General Election came and went. One thing that sticks out, however, is that we lost out on the integrity front, a subject rarely talked about when illuminating the main public interest issues in the 2022 General Election. Nevertheless, we have generally moved on and no longer bother about the quest for integrity in public service.

The election cycle provided an opportunity for Kenyans to inject integrity into the electoral process and stop the perennial challenge to good governance—corruption. It was hoped that voters would reject candidates with integrity issues at the ballot.

It will be remembered that, prior to the elections, the Ethics and Anti-Corruption Commission (EACC) submitted to the Independent Electoral and Boundaries Commission (IEBC) 241 names of individuals with outstanding integrity issues to be barred from contesting the elections. The listed persons reportedly had integrity issues ranging from forged academic papers to financial impropriety of public funds. Most were under investigation or prosecution. Others had been convicted for various economic crimes.

But IEBC, citing gaps in the law, cleared most of the aspirants blacklisted by EACC. Unsurprisingly, most of them were either elected or re-elected. Some of those state officers have won a second term while battling court cases seeking their removal from office on the ground that they are unfit to serve.

Turbine of justice

That is, arguably, water under the bridge now. There is a new political dispensation in place. One only hopes that the turbine of justice will keep turning in the investigations and prosecutions to a judicious conclusion. A significant number of governors and MPs have active court cases or face investigation for serious crimes. It remains to be seen how that will affect their leadership and oversight roles in the protection of public resources under their care and control.

Luckily, Chapter Six of the Constitution does not restrict itself to elective state offices; it also applies, and even more, to state and public appointive offices. We’re in a phase where the new political regimes—in the national and county governments—are establishing their administrations. It’s time to reinforce the  leadership and integrity standards under Chapter Six ignored at the  polls.

At the national level, for instance, Parliament will soon be called upon to vet the recently nominated Cabinet secretaries. Already, the Public Service Commission (PSC) has received applications to the Office of Principal Secretary. Right after the formation of the Cabinet, appointment of Chief Administrative Secretaries may follow. So is that of chairpersons and members of boards of state agencies. There is a host of other offices to be filled in the ministries, state departments, constitutional commissions and other independent offices, and foreign missions. Similarly, governors are establishing their cabinets and will nominate county secretaries.

The individuals appointed to these positions should be selected on the basis of personal integrity, competence and suitability. The officers will be key in formulating and implementing policies with far-reaching implications on the ordinary citizen. They will also preside over expenditure of public funds. Therefore, the importance of getting the right people as envisioned in Chapter Six of the Constitution cannot be gainsaid.

The agencies mandated to clear the prospective candidates for public appointments, who include KRA, Helb, EACC, DCI and ODPP, are clearing queues of Kenyans seeking clearance. The integrity vetting should not be in vain. It should not be mere paperwork. Parliament and the county assemblies, which will vet the nominees, should not be conveyor belts. They should place a premium on whatever information that will emerge from integrity clearance.

Criminal suspects and the ‘legal mechanics’ category of lawyers argue that somebody with live cases is fit for office as they are not yet found guilty by a court. That has no merit in the quest for integrity for public office. Public appointments ensuing from the latest elections provide us with yet, another chance to breathe life into the integrity requirement. It will be fatal if we, once again, lose out on this cardinal pillar of our Constitution.

Mr Owade is a lawyer and legal researcher. [email protected].