Photo/FILE Parliament buildings in Nairobi. The authors of the Leadership and Integrity Bill chose to let the House have a say in the code of ethics for the Executive, MPs and top civil servants, which will be drafted in consultation with the Ethics and Anti-Corruption Commission.
By PETER NG’ETICH pngetich@ke.nationmedia.com
Posted Sunday, February 26 2012 at 20:13
Posted Sunday, February 26 2012 at 20:13
The President may be censured if found guilty of engaging in corruption under a proposed law on integrity.
If he/she is not censured, then a legislature supported by at least a third of members, may move a motion of impeachment according to Chapter 145 of the Constitution.
The tough measures that are contained in the Leadership and Integrity Bill will also affect the Vice-President, ministers, senators, MPs, governors and other elected county leaders.
The Bill drafted by the Ministry of Justice and Constitution Affairs seeks to establish procedures and mechanisms for effective administration of Chapter Six of the Constitution.
It agitates for the promotion of ethics, integrity and servant leadership among State officers.
With corrupt judges, the Bill proposes that they should be removed from office immediately and reprimanded.
The same punishment will be meted to the Director of Public Prosecutions.
“If found guilty of corruption one will be fined Sh5 million or jailed for five years,” the Bill says.
Public officers who fail to account for their wealth will have their excess or undeclared property confiscated and forfeited to the government if the Bill is passed into law.
“A State officer who is proved to have obtained any property through a breach of this Act shall forfeit it and the property held in trust for the government or public body— in this case the Ethics and Anti-Corruption Commission until it is lawfully disposed off.”
The Bill also bars State officers from opening accounts oversees and demands those with such accounts to close them down.
“Where a person has a bank account outside Kenya before he or she is appointed or elected, the officer shall notify EACC and close the account within thirty days of assuming office,” the Bill says.
The Bill also prohibits State officers from doing business both directly or indirectly whether employed on full time or part-time terms.
A gift to a State officer on any public or official occasion shall be treated as a gift to the Government.
Unlike the past, a whistle-blower who provides information to the government about corrupt dealings will be paid besides being accorded protection.
The reward will be determined by the anti-graft watchdog.
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