Move from Rhetorics to Genuine Implementation of Integrity and Anti-corruption Measures
For Immediate Press Release
Saturday, 27th July 2024 Nairobi, Kenya
The National Integrity Alliance welcomes President William Ruto's statement on various antigraft measures during his address to the nation on 24th July 2024. While we take note of the proposed amendments to expedite the investigation and prosecution of corruption and economic crimes cases, we remain concerned about President Rutos's commitment to fighting graft, particularly in light of the following unfortunate political realities:
Complete failure to stop atrocities by police against the protesters and provide justice and remedies to those affected, a deep lack of accountability and integrity in the governance of public affairs, the unacceptable nomination of six individuals for Cabinet Secretary positions barely a week after he had dismissed the Cabinet, and the continued nominations and appointments of individuals currently being investigated or charged with corruption.
A recent example is the nomination of Wyclif Oparanya, for consideration to Cabinet Secretary appointment, yet Mr Oparanya is being investigated by the Ethics and Anti-Corruption Commission (EACC) for allegations of conflict of interest during his tenure as the Governor of Kakamega County.
Earlier this year the office of the Director of Public Prosecutions approved charges against the former governor, but he moved to court to stop his arrest pending the hearing of his petition. Given the gravity of the offence in question, it would have been in order for the President to let the former Governor clear his name first before nominating him, in line with the requirements of Chapter 6 on leadership and integrity. Such nominations by President Ruto begs the question of whether his statements are mere rhetoric or genuine commitments to the fight against corruption.
President Ruto has in the recent past also nominated and appointed other persons who were under investigation or have been charged with criminal cases, economic crimes and corruption, while others were adversely named in parliamentary reports, Commissions of inquiry among other competent public fact-finding institutions. The recent judgment by the High Court quashing the appointment of Mr Antony Mwaura as Board Chair of Kenya Revenue Authority (KRA), as he was appointed by President Ruto while Mwaura was facing corruption and economic crime charges sets further precedence on the moral and ethical bar set by Chapter 6 on leadership and integrity, by stating that the appointment was an indictment of insensitivity towards the significance and the place of national values, leadership and integrity as stated in the Constitution. In light of President Ruto’s recent statement, we wish to address the following critical anticorruption issues:
1. We take note of President Ruto’s statement that he will initiate amendments to the Evidence Act and the Criminal Procedure Code to expedite investigations and prosecution of corruption and economic crimes cases. We aver that these amendments can only help in the fight against corruption if they are implemented comprehensively, and supported by additional measures such as hiring more investigators, prosecutors, and magistrates and judges to enhance case management and expedite cases; allocating a portion of recovered funds by assets recovery agencies to support investigation and prosecution of corruption; mandating that all individuals under investigation step aside from their positions; introducing minimum sentences and enhancing penalties for corruption; and revamping the wealth declaration system and instituting lifestyle audits. The President also promised to initiate amendments to the Witness Protection Act to overhaul the statutory and institutional framework, protecting and incentivising whistleblowers. We aver that amendments to the Witness Protection Act may not be a panacea to the deep-seated issues of witness intimidation given the historical treatment and exposure of witnesses as evidenced by numerous reports and allegations of witness interference and intimidation, leading to withdrawal or recanting of testimony by several witnesses during the International Criminal Court (ICC) trials on Kenya’s 2007 post-election violence. Kenya risks watering down the WhistleBlowers protection provisions if they are included in the Witness Protection Act. A stand-alone Whistleblower Protection Act is a more proper mechanism to ensure the protection and empowerment of those who dare to speak out against wrongdoing. Currently, there are three different versions of Whistleblowers Protection Bills at the Attorney General’s office, the National Assembly, and the Senate that are at different stages of development/legislative process and have undergone extensive technical review and validation by key stakeholders, these bills should be fast-tracked consolidated and enacted into a comprehensive Whistleblowers Protection law.
2. Vetting and Suitability for Public Office: We reiterate our recommendation that the Ethics and Anti-Corruption Commission's (EACC) decisions on suitability for public office must be binding on all recruiting bodies and institutions including Parliament as it conducts vetting for the CS nominees. To start with, EACC must commence lifestyle audits and investigations targeting all the recently sacked Cabinet Secretaries (CSs), all those nominated for appointments as CSs and other public officers, especially in light of the public outcry on public officers displaying wealth inconsistent with their declared incomes. These individuals must be held accountable to ensure that they did not mismanage or siphon public funds through corrupt practices. We also reiterate our call to Parliament to urgently act on the Lifestyle Audit legislation that has been pending since 2019 and other anti-corruption measures, including the criminalisation of illicit enrichment, establishing obligations for regular declarations of assets, incomes and interests, as well as Unexplained Wealth Orders. Measures to verify wealth declarations must be put in place to guard against falsified, under-reported or exaggerated declarations by those being vetted to serve in public office. The Parliamentary Committee on Appointments and the National Assembly at large, while vetting nominees for Cabinet Secretaries, must consider only persons who are in compliance with the leadership and integrity tenets as enshrined in Chapter 6 of the Constitution. They must not repeat the mistakes they made in 2022 while vetting nominees, they made a mockery of the constitutional provisions on leadership and integrity by disregarding key public concerns on the conduct of the Cabinet secretary nominees and did not take considerations raised on the suitability of some of the nominees, in line with the provisions on ethics and integrity. This has been witnessed even in the controversial Finance Bill 2024, where public views were disregarded by Parliament.
3. ODPP's Lethargy in Prosecutions of Corruption Cases: The Office of the Director of Public Prosecutions (ODPP) has been sluggish in prosecuting cases and has withdrawn several corruption-related cases. In line with Section 35 (3)(c) of the Judicial Service Act, we urge the Chief Justice, through the National Council on the Administration of Justice (NCAJ), to initiate an independent inquiry and judicial review of all graft-related cases withdrawn by the ODPP. Also, cases in which suspects have been acquitted but which trial magistrates and Judges have called out the ODPP for ‘dereliction of duty’ leading to prosecution-aided acquittals. A case in point is the acquittal of former treasury Cabinet Secretary (CS) Henry Rotich and eight co-defendants of corruption-related charges linked to the troubled construction of Arror and Kimwarer dams. We aver that judicial review of dropped graft cases is crucial to ensure that the withdrawal of cases was conducted transparently and that justice is served without favouritism or political interference. By thoroughly examining the circumstances and reasons behind the withdrawal of these cases, the NCAJ can help restore public confidence in the justice system and uphold the principles of accountability and the rule of law. An independent enquiry will also deter any potential abuse of power and reinforce the integrity of judicial processes in Kenya.
4. National Assembly’s Rejection of the Senate Amendments to the Conflict of Interest Bill: We welcome the National Assembly's rejection of Senate’s amendments to the Conflict of Interest Bill (National Assembly Bill No. 12 of 2023). However, we urge the National Assembly to rescind the amendments it had effected and pass the Bill in its original version. Should this not occur, we call upon President Ruto to exercise his veto power to protect the integrity of this critical legislation as he stated during his address to the nation on 24th July 2024.
5. Reject the proposed changes to the Anti-Corruption and Economic Crimes (Amendment) Bill, 2023: We call on Hon. Geoffrey Ruku to withdraw his Bill currently before Parliament proposing deletion of Sections 45(2)(b) and (c) of the Anti-Corruption and Economic Crimes Act to decriminalise procurement corruption offences. This Bill contradicts public interest, principles of public finance, leadership, integrity standards, and national values. Criminal sanctions for corruption offences are crucial to holding perpetrators accountable and deterring future corruption. We also call on the president to rein in his coalition members, such as Hon.Ruku seeking to dilute anti-corruption laws.
6. To deepen accountability, integrity and guarantee of non-repetition in the context of the ongoing public demonstrations, we demand that all state security officials and Cabinet Secretaries involved in the ongoing atrocities against protestors be investigated and prosecuted and barred from holding public offices in future. All those who served in the immediate former cabinet should be lustrated from state positions too. The National Integrity Alliance remains committed to fighting corruption and advocating for robust legislative frameworks that promote transparency, accountability, and integrity. We urge all stakeholders to support these efforts to create a corruption-free Kenya.
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REDCARD CAMPAIGN The #RedCard Campaign seeks to bar aspirants that fall short of the ethical standards of integrity from assuming elective or appointive office. The new spirit of active citizenship across all levels of society and government must be catalysed to enforce existing robust laws and institutions and roll back the future abuse of public office and theft of public resources. The Red Card Campaign has three objectives. They are 1.) Public education against corruption and abuse of office 2.) De-campaign aspirants who fall short of the ethical threshold of Chapter 6, and 3.) Institute legal proceedings for the removal of those who win the elections despite their demonstrated unethical behaviour.
THE NATIONAL INTEGRITY ALLIANCE (NIA)
The National Integrity Alliance (NIA) is a citizen-centred integrity and anti-corruption coalition comprising Transparency International Kenya (TI-Kenya), The Youth Cafe, Inuka Kenya Ni Sisi!, and The Kenya Human Rights Commission (KHRC). NIA seeks to breathe life into the constitutional promise on Integrity by catalysing frontline ethics and anti-corruption institutions, and active citizens to Detect, Deter, Disrupt and Defeat corruption at all levels of society. Chapter 6 is an Ethical Standard for all Aspirants to serve Public Office www.nia-ke.org | RedCardKE | #RadaNiIntegrity