KISII UNIVESITY

LAW OF CORRUPTION

LLBK314

GROUP WORK

GROUP SIX

MEMBERS

IMMACULATE MACRINE MAKALE – LAP11/00035/20

EMMANUEL ADAMS – L AP11/00043/20

MESHACK OMARI – LAP11/00023/20

DOMINIC MAMBOLEO – LAP11/00017/20

DANIEL KEITH WAFULA – LAP11/ 00061/20

LIONEL MASIKARE – LAP11/00014/20

BELDEN NYAKUNDI – LA11/00032/20

LYDIA BONARERI – LA11/00047/20

NICHOLUS NTHOME – LA11/00007/20

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TASK: LEADERSHIP AND NTERGRITY

ABSTRACT

Article 1 of the Constitution of Kenya, provides that all sovereign power belongs to the people of

Kenya and shall be exercised only in accordance with the constitution.1 Further, article 2,

provides that the people may exercise their sovereign power either directly or through their

democratically elected representatives.2 Article 10 of the Constitution of Kenya, expounds on the

national values and principles of governance3, 10(1) directs that the values and principles of

governance in this article binds all state officers, public officers and all persons whoever the

person, the principle include;

a) Patriotism, national unity, sharing and devolution of power, rule of law, democracy and

participation of the people.

b) Human dignity, equity, social justice, inclusiveness, human rights, non-discrimination

and protection of the marginalized.

c) Good governance, integrity, transparency and accountability.

d) Suitable development.

1 Article 1 of the Constitution of Kenya

2 Ibid (Article 2)
3 Ibid (Article 10)

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Article 75 talks about the conduct of state officers, and further in Article 80, which directs that

the parliament shall enact a legislation to establish procedures and mechanisms for the effective

administration of the chapter related to leadership and integrity.

The Constitution further dedicates a whole chapter to leadership and integrity (chapter 6). The

chapter expounds on; responsibilities of leadership, conduct of state officers, restrictions on

activities of state officers, citizenship and leadership, legislation on leadership among others.

INTRODUCTION

Leadership is the ability of an individual or a group of people to influence and guide the

followers or other members of the organization. A leader on the other hand is an individual or

person bestowed with the responsibility to spearhead and influence a group of people, an

organization or a department.

QUALITIES OF A GOOD LEADER

• A good leader should be disciplined

• Courageous

• He should be a good role model

• He should be accountable for his actions

• A good leader should be open to change

• He should also have strong communication and management skills

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Leadership and integrity is provided for under chapter six of the constitution of Kenya 2010, The

Leadership and Integrity Act 2012. The leadership and integrity act is an Act of parliament that

gives effect to and establishes the procedures and mechanism for effective administration of

Chapter six of the Constitution of Kenya.

GENERAL LEADERSHIP AND INTERGRITY CODE

The general code of a state officer is provided for under section six of the leadership and

integrity act. The provisions of the Constitution of Kenya chapter six form part of this code. The

provisions of the public officer act part two section four also four the general code of a state

officer unless otherwise provided for by the leadership and integrity act.

RESPONSIBILITIES OF LEADERSHIP

The responsibilities of leadership are provided for under chapter six of the constitution article 73.

It states that the authority assigned to a state officer shall be exercised in a manner that is

consistent with the purposes and objects of the constitution, demonstrates respect for the people,

brings honor to the nation and dignity to the office and lastly, promotes public confidence in the

integrity office4. The authority assigned to a state officer also vests in the state officer the

responsibility to serve the people, rather than the power to rule the people.

PRINCIPLES OF LEADERSHIP

1. Selection on the basis of personal integrity, competence and suitability or election in a

free and fair elections.

4 Article 73 (a) of the constitution of Kenya

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 2. Objectivity and impartiality in decision making and ensuring that the decision is not

influenced by nepotism, favoritism, other improper motives or corrupt practices.

3. Selfless services based solely on the public interest demonstrated by honesty in execution

of public duties and the declaration of any personal interest that may conflict with public

duties.

4. Accountability to the public for the decisions and actions

5. Discipline and commitment in service to the people.

GUIDING VALUES, PRINCIPLES AND REQUIREMENTS

The primary purpose of the leadership and integrity act is to ensure that state officers respect the

values, principles and requirements of the Constitution. This principles, values and requirements

include:

• The national values provided for under article 10 of the Constitution for example

patriotism, national unity, sharing and devolution of power, the rule of law.

• The rights and fundamental freedoms provided for under chapter four of the Constitution

for example right to life, freedom of speech, right to remain silent when arrested.

• The responsibilities of leadership provided for under article 73 of the Constitution

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 • The principles governing the conduct of state officers under article 75 of the Constitution

• The educational, ethical and moral requirement which states that a person is eligible for

election as a member of parliament if the person is a registered voter and that a member

is eligible for election as a member of the county assembly if the person satisfies

educational, moral and ethical requirement prescribed by an act of parliament or the

constitution5

• In case of the county government, the objectives of devolution provided for under article

174 of the constitution, they include to promote democratic and accountable exercise of

power

• Relevant values and principles of public service as provided for under article 232 of the

constitution for example high standards of professional ethics, accountability in

administrative acts and provision of service

Before assuming a state office, a person is required to take and subscribe an oath or affirmation

of office in a manner and form prescribed by the third schedule or under an act of parliament

before acting in a state office, or performing any functions of a state office.6

5 Article 193 of the constitution

6 Article 74 of the constitution

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CONDUCT OF STATE OFFICERS

a. The leadership and integrity act provides that a state officer shall respect and abide by the

constitution and the law, carry out the duties of the duties in accordance with the law and

while carrying out the duties of a state officer he has not violate the rights and

fundamental freedoms of any persons unless otherwise expressly provided for in the law

in accordance with article 24 of the constitution.7

b. A state officer shall behave whether in private, or in public 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 favor of a personal interest

or demeaning the office the officer holds8

c. Any person who contravenes the above or articles 76, 77, 78(2) shall be subject to the

applicable disciplinary procedure for the relevant office and may be in accordance with

the disciplinary procedure be dismissed from office. A person who is dismissed from the

office is disqualified from holding any state office

In the case of Okiya Omtata Okoiti v Joseph Kinyua, public service commission and the

attorney general (2018) eklr9 B. Ongaya held that a public officer shall not be dismissed

from office, demoted in rank or otherwise subjected to the disciplinary action without due

process of the law

7 Leadership and integrity act section 7

8 Article 75 0f the constitution
9 Okiya Omtata v Joseph Kinyua (2018) eklr
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PROFESSIONALISM

The leadership and integrity Act states that a state officer shall carry out duties of the office in a

manner that maintains public confidence in the integrity of the office, treat members of the

public and other public officers with courtesy and respect, not discriminate against any person

except as expressly provided by the law, maintain high standards of performance and level of

professionalism with the organization and observe and subscribe to the ethical and professional

requirements of a professional body that he is in.10

A state officer shall not use the office to unlawfully enrich himself or herself or any other person

and shall not accept any personal loan or benefit which may compromise a state officer in

carrying out the duties of the office11. Any person who intending to be appointed as a state

officer shall submit to the commission a self-declaration form.

FINANCIAL PROBITY OF A STATE OFFICER

Article 76(1) of the constitution of Kenya provides a gift or donation to a state officer on a

public or official occasion is a gift or donation to the Republic and shall be delivered to the state

unless exempted under an Act of parliament.

10 Leadership and integrity act section 11
11 Article 76(2) of the constitution

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However, a state officer may receive a gift given to the state to the state officer in an official

capacity provided that: The gift is within the ordinary bounds of propriety, a usual expression of

courtesy or protocol and within the ordinary standards of hospitality, the gift is not monetary and

the gift does not exceed such value as may be prescribed by the commission in the regulations.

A state officer, further shall not accept or solicit gifts, hospitality or other benefits from a person

who:

• has an interest in that may be achieved by the carrying out or not carrying out of the state

officer’s duties

• carries on regulated activities with respect to which the state officer’s organization has a

role, or has a contractual or legal relationship with the state officer’s organization

A state officer shall not receive a gift which is given with the intention of compromising the

integrity, objectivity or impartiality of the state officer12

A state officer shall also not maintain a bank account outside Kenya except in accordance with

an Act of Parliament or seek or accept a personal loan or benefit in circumstances that

compromise the integrity of the state officer13

A state officer or a public servant is not supposed to participate in a tender for the supply of

goods or services to a public entity in which he or she is serving or otherwise similarly

associated. The holding of shares by a state officer shall not be construed as participating in the

tender of a public entity unless the state officer has controlling shareholdings in the company.14

12 Leadership and integrity Act section 14

13 The constitution of kenya chapter six
14 Leadership and integrity act section 17
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RESTRICTION ON ACTIVITIES OF STATE OFFICERS

According to article 77 of the Constitution a state office is restricted from:

a. Participating in any other gainful employment

b. Holding any office in a political party.

An appointed state office, other than cabinet secretary or member of the county executive

committee shall not, in the performance of their duties act as an agent for or further the interests

of a political party or candidate in an election or manifest support for or opposition to any

political party or a candidate in an election. An appointed state officer or public officer shall not

engage in any political activities that may compromise or be seen as compromise to the political

neutrality of the office subject to any laws off election.15

c. A retired state officer who is receiving a pension from public funds shall not hold

more than two concurrent remunerative positions as a chairperson or director or

employee of a company owned or controlled by the state or a state organ.

d. A retired state officer shall not receive remuneration from public funds other than

those mentioned above.

15 Leadership and integrity act section 23

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A person is not eligible for election or appointment to a state office unless the person is a citizen

of Kenya. A state officer or a member of the defense forces shall not hold dual citizenship. The

above does not apply to judges and members of commissions and any other person who has

been made a citizen of another country by operation of that country’s law without ability to opt

out.16

SPECIFIC LEADERSHIP AND INTEGRITY CODE

Upon appointment or election, a state officer shall sign and commit to the specific leadership

and integrity code issued by relevant public entity at the time of taking oath of office or within

seven days of assuming state office.

The breach of the code amount to misconduct for which the state officer may be subjected to

disciplinary proceedings which can lead to dismissal or removal in accordance with the

constitution.

GENERAL PENALITY

Any person who is convicted of an offense under the leadership and integrity Act, for which no

penalty is expressly provided shall be liable for conviction to a fine not exceeding five hundred

thousand shillings or imprisonment for a term not exceeding three years or to both.

16 The Constitution article 78

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THE KENYA NATIONAL COMMISSION ON HUMAN RIGHTS REPORT ON

LEADRSHIP AND INTERGRITY CODE (January 2015)

a. Bank accounts outside Kenya

Subject to article 76 (2) of the Constitution or any written law, a state officer shall not open or

continue to operate a bank account outside Kenya without the approval of EACC. A state officer

or such other person who has reasonable grounds of or opening a bank account outside Kenya

shall apply to the EACC for approval to open or operate a bank account.

A state officer or such other person who operates or controls the operation of a bank account

outside Kenya shall submit statements of account annually to the EACC and shall authorize the

EACC to verify the statements and any other relevant information from the foreign financial

institution in which the account is held.

A state officer or any such person operating a bank account outside Kenya shall close the

account within six months or such other period as may be prescribed by the EACC Act through

a notice in the Gazette.

b. Gainful employment

A state officer or such other person who is serving on a fulltime basis shall not participate in any

other gainful employment.

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To ensure enforcement on chapter six of the constitution the parliament shall enact legislation to

establish an independent ethics and anti-corruption commission which shall have the powers of a

commission under chapter fifteen.17

LEGISLATION ON LEADERSHIP

The parliament shall enact legislation:

a. Establishing procedures and mechanisms for the effective administration of chapter six

b. Prescribe the penalties, in addition to the penalties referred to in article 75 of the

constitution that may be imposed for a contravention of chapter six

c. Providing for the application of chapter six, with the necessary modifications to public

officers

d. Making any other provisions necessary for ensuring the promotion of the principles of

leadership and integrity referred to in chapter six of the Constitution and enforcement of

the chapter.

17 The constitution of Kenya article 79

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 BIBLIOGGRAPHY

LOCAL AUTHORITIES.

1. Okiya Omtata Okoiti v Joseph Kinyua, public service commission and the attorney

general (2018) eklr

2. Kenya National Commission on Human Rights reports on leadership and integrity.

(2015)

LEGISLATION

1. The constitution of Kenya 2010.

2. The leadership and integrity Act.

3. The Ethics and anti-corruption commission Act.

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