New rules tighten grip on public servants in war on graft
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The regulations will also require civil servants to provide details of their foreign bank accounts and information on why they operate such accounts.
Mr Waqo said the rules would help to enforce the Leadership and Integrity Act that is aimed at actualising the famous Chapter Six of the Constitution.
Governors, as accounting officers and chief executives, will now be required to maintain a register of gifts received by public officers under them.
All public servants will now be required to surrender gifts and donations they have received while on duty before they can be cleared by the anti-graft agency.
Ethics and Anti-Corruption Commission (EACC) chief executive officer Halakhe Waqo said the new regulations are aimed at strengthening the war on the vice while ensuring nothing is concealed when declaring wealth.
The regulations will also require civil servants to provide details of their foreign bank accounts and information on why they operate such accounts.
Mr Waqo said the rules would help to enforce the Leadership and Integrity Act that is aimed at actualising the famous Chapter Six of the Constitution.
“Public officers must now account for sources of their wealth. They must also declare sources of the gifts received while on duty, whether local or foreign,” Mr Waqo said in a statement to media houses on Tuesday.
He said civil servants would also be subjected to limitations on the type, value, receipt, storage and disposal of such gifts and donations.
“The law immediately applies to both national and county government officials. EACC will also, through these laws published in the Kenya Gazette, set rules governing operations of foreign bank accounts,” said Mr Waqo.
Governors, as accounting officers and chief executives, will now be required to maintain a register of gifts received by public officers under them.
“They must also open and maintain a register of all gifts given by counties and national governments to other State and public officers as well as declare any conflict of interest that might arise from such offers,” said Mr Waqo.
FOREIGN BANK ACCOUNTS
The new laws, approved by Parliament last month, require that opening of a foreign bank account is done with the approval of the EACC.
“The chief executives will undertake investigations into ethical breaches and take disciplinary action against public officers who violate the Act and where appropriate, refer the matter to EACC or any other relevant agencies for further action,” said Mr Waqo.
The new rules will usher in an opportunity for effecting Chapter Six of the Constitution, which demands that public officers must have integrity. There have been complains that leaders are circumventing this law for lack of appropriate structures.
However, Kisumu county assembly speaker Ann Adul on Wednesday poked holes in the manner in which EACC has been conducting its investigations into the many cases in has handled.
Ms Adul, who was facing a Sh17.4 million fraud case, said the agency is inefficient and accused it of having the tendency of rushing cases to court before gathering enough evidence.
“It should not be about the number of people EACC takes to court, what matters is the quality of investigations. The commission has not been able to do that as many people have been taken to court and freed for lack of evidence,” said Ms Adul.
Recently, EACC had to recall files it used to clear corruption allegations against former Devolution Cabinet Secretary Anne Waiguru after businesswoman Josephine Kabura sensationally implicated her in an affidavit.
The EACC had dropped charges against Ms Waiguru in the Sh791 million National Youth Service scandal that forced her out of office.
