The Ethics and Anti -Corruption Commission (EACC) has proposed an amendment to the law to ensure state officers do not engage in other gainful employment. EACC says there is a lacuna in the current law as it does not draw a clear distinction between a state officer and a public officer.
Speaking during the start of a five-day workshop in Machakos bringing together EACC officers, judges, officials from the Public Service Commission and office of the Attorney General, EACC Deputy Director Michael Mubea said the participants will come up with a draft which will be forwarded to parliament for further deliberation.Mr Mubea said the commission which is tasked with the responsibility of enforcing the leadership and integrity act had encountered difficulties in enforcing some sections of the Chapter Six of the constitution.
He cited a case of a County officer working in two counties and earning double salary adding that such cases were a matter of personal and professional ethics. Mr Mubea further pointed out that there were Members of Parliament who are also union officials thus earning a double salary.
“They are earning a salary twice but they invoke Section 26 and that becomes a challenge.We are discussing amendments that we can pass through parliament,”said Mr Mubea.
Judge of the Anti-Corruption Court Justice Hedwig Ongundi gave a presentation with the the ‘Emerging jurisprudence on employment act’ where she pointed out that a full time state officer shall not participate in any other gainful employment, according to Article 77 .
“This is about ethics.What ethics do we have as public officers or even as individuals?Your conscience should tell you that what you are doing is wrong,”she observed.
Article 77 According to the definition provided in Article 260A state officer is a person holding a state office.The Constitution is however silent on distinction of state officers serving on full time basis and state officers serving on part time basis.
She said the law should be amended to erradicate avenues for moonlighting of state officers who are on full time employment and avoid misuse of State resources.”Kenya is a rich country.If only we could put Chapter six into use.I am sure we will be in a better place,”said Justice Ongundi.