The Minister for Justice and Constitutional Affairs, Mutula Kilonzo was recently quoted as having said, “it is unfortunate they appear to say that Chapter 6 has no meaning and also ridiculous is that they appear to say that the Public Officers Ethics Act has no meaning,” a statement for which he has already come under fire.
Though the Minister was speaking to a specific circumstance (declarations made by the Deputy Prime Minister/Finance Minister, Uhuru Kenyatta, and MP William Ruto that they would continue their presidential bids regardless of indictments from the International Criminal Court) his statement draws attention to the wider issue of the gap between the rhetoric and real life application of the leadership principles set out in Chapter 6 of the constitution.
Chapter 6 of the constitution requires that state officers use their authority in a manner that:
- Is consistent with the purposes and objects of this Constitution;
- Demonstrates respect for the people;
- Brings honour to the nation and dignity to the office;
- Promotes public confidence in the integrity of the office;
- Vests in the State officer the responsibility to serve the people, rather than the power to rule them
Chapter 6 further has as the guiding principles for leadership and integrity:
- Objectivity and impartiality in decision making, and ensuring that decisions are not influenced by nepotism, favouritism, other improper motives or corrupt practices;
- Selfless service based solely on the public interest, demonstrated by honesty in the execution of public duties; and the declaration of any personal interest that may conflict with public duties;
- Accountability to the public for decisions and actions; and
- Discipline and commitment in service to the people.
Chapter 6 is pretty straightforward, in my view at least. Chapter 6 on leadership is not aspirational, nor is it a moving target, or one to be selectively applied to different state officials. All state officers are equally subject to the chapter; if you fail to meet the standards in the chapter you fail the leadership test. Someone jokingly said, “With all the requirements in Chapter 6 its unlikely that anyone in the current administration will make it into the new one,” but maybe that’s the point.
by shalom on 10th February 2012
I have gone through your argument with a lens. The first major point is about what chapter 6 requires the state officer to exercise authority as you defined. Please not, it states, 'use their authority'. Just ask yourself what does it mean? Does it mean that because you are accused then that is 'using your authority'. I guess the above in an undoubtedly way targets Ruto n Uhuru. WHAT DOES THE LAW SAY? The second point states 4 major points. My question is 1. Does being accused mean that there is no objectivity and impartiality in decision making? Or will it? If one is a president - are you trying to tell Kenyans that the president holds absolute powers on this? Or even power at all? I DON'T THINK SO 2. Does being accused mean that u are not selfless or honest. Or the probability that you can n will remain selfless n honest is low. I JUST DON'T THINK SO 3. Being accused mean that you cannot be accountable to the people for the tasks they have entrusted you with? For your decision or actions? DO I THINK SO? I DON'T 4. Discipline and commitment in service to the people. Being accused means that u can't be discipline and committed? You may argue that one needs to focus on the cases or that one needs to be present during trials n so there's no time to serve Kenyans. Really? Let's be truevto ourselves! Trials need you or your lawyers? Does it take 24 hrs, 52 weeks n 365 days (*5yrs) in a trial? How much of ones time does it? It may take long according to other cases - but that is very genera. The truth is that it takes very few days in those many years. VERY FEW. WE NEED MORE THAN EVER TO BE TRUE BUT ALSO OBJECTIVE. OBJECTIVITY IS A STRENGTH OF TRUTH. I CALL IT COMPLETE TRUTH!
by thomas rutto on 13th February 2012
the report is very smart and important.
by NGATIA DANIEL on 28th February 2012
am left wondering whether the so called G-7 is really committed to lead kenyans to the promised land or are just after protecting their n their GOG-FATHERS property coz why do GEMA LEADERS AND MZEE MOI so committed to G-7?am also tempted to bealive that mudavadi is MOIS secret weapon to block TOM MBOYA-JM-PIO GAMA PINTO-OGINGA-ONDINGA LINE OF LEADERSHIP.