This archive report was first published on 13 December 2019.
On December 13, 2019, President Uhuru Kenyatta issued a directive to Attorney-General Paul Kariuki Kihara to expedite legislation on conflict of interest, marking a crucial step in the fight against corruption.
The move comes in response to widespread concerns over duplicity among State officers, whose professional engagements often entrench corruption and other malpractices.
Many public officers have taken advantage of a loophole in the law regarding conflict of interest, engaging in practices that compromise their positions.
Chapter Six of the Constitution outlines principles of selfless service, including honesty in public duties and declaration of personal interests that may conflict with public duties.
However, the chapter lacks statutory provisions and sanctions to enforce these principles, rendering them mere intentions without implementation guides.
The directive is timely, given the recent public outcry over the participation of senators Kipchumba Murkomen and Mutula Kilonzo Junior in defending Nairobi Governor Mike Sonko in a Sh357 million graft case.
While the senators have the right to hold brief for clients, their involvement raises concerns about conflict of interest, particularly when they represent a governor in court and later make decisions on cash allocation to counties.
Similarly, the debate on whether doctors in public service should engage in private practice highlights the need for legislation to address conflict of interest.
President Kenyatta's directive must be critically examined, as corruption manifests itself in various ways, including civil servants, public university lecturers, teachers, and political leaders engaging in private professional practice outside their stations.
