Kenya Proposes Mandatory Integrity Tests for Public Service Employment

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Nyakundi Report

Newsroom 2 min read

The Kenyan government has introduced a bill that would require mandatory integrity assessments for all individuals seeking employment in the public sector, expanding existing anti-corruption frameworks and reversing recent exemptions for graduates.

The Statute Law (Miscellaneous Amendments) Bill 2022, currently under consideration by the National Assembly, aims to amend 56 legal provisions, including the Leadership and Integrity Act of 2012. This legislation would grant the Ethics and Anti-Corruption Commission (EACC) exclusive authority to conduct integrity verifications for job applicants, covering both new graduates and individuals already employed in public, private, or informal sectors.

Key provisions of the bill stipulate that public employers must submit candidate shortlists to the EACC within seven days of selection for review. The EACC's recommendations would then influence hiring decisions, with the bill explicitly targeting individuals involved in financial misconduct or public disturbances. A clause states, "Where a public entity is recruiting staff, it shall, within seven days after shortlisting of candidates for any position for which appointment is considered, submit the list of all the candidates to [EACC] for integrity suitability verification."

The measure faces contrast with the Employment (Amendment) Bill 2019, which exempted graduates from presenting clearance certificates from state agencies. Nominated MP Gideon Keter, who sponsored the 2019 law, argued that "an employer shall not perceive job seekers as criminals" and advocated for hiring first, then requesting documentation. However, the 2022 bill reverses this approach by mandating pre-employment integrity checks for all sectors.

The proposed legislation also requires individuals seeking public office to submit detailed self-declaration forms to the EACC, including personal data, educational background, and employment history. The bill empowers the EACC to consider additional integrity-related information when evaluating candidates, broadening the scope of verification beyond current practices.

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