CONFLICT OF INTEREST

Bill to curb graft in public service sails through second reading

Ichung'wah says most graft cases are fuelled by conflict of interest.

In Summary
  • Proposed is essential for upholding good governance, promoting ethical conduct, and safeguarding the public interest.
  • Public officers will be required to declare their wealth within 30 days of their appointment and once every two years thereafter.
Kikuyu MP Kimani Ichung'wah at Revival Sanctuary of Glory in Riruta Satellite, Dagoretti South, on October 22, 2023
Kikuyu MP Kimani Ichung'wah at Revival Sanctuary of Glory in Riruta Satellite, Dagoretti South, on October 22, 2023
Image: PCS

A Bill compelling retired civil servants to declare their wealth after exiting service has got the nod of MPs.

The Conflict of Interest Bill, 2023 will now subject retired officials to stringent measures as the government heightens the anti-graft war in the country.

The legislation sponsored by National Assembly Majority leader Kimani Ichung'wah is among the bold steps the government is taking to check runaway graft in the civil service.

The proposal, which sailed through the second reading on Thursday, seeks to among other things address the challenges of private interests that have been compromising public service delivery.

When leaving public service, one will still be subjected to the law because they will be required to make similar declarations within 30 days after exiting.

"A public officer is required to make final declaration within 30 days of ceasing to be a public officer," the Bill states.

"The statement date of the final declaration shall be the date the public official ceased to be a public official."

Ichung'wah on Thursday underscored the need for the new law arguing that most graft cases are fuelled by conflict of interest.

There is need to provide an institutional framework on how we manage conflict of interest,” the Kikuyu MP said.

“As I say, conflict of interest is one of the key drivers of corruption and abuse of office, one of the key drivers when it comes to matters of state capture that we know has driven corruption in this country and even in other countries around the world.”

The proposed law has been seen as essential for upholding good governance, promoting ethical conduct, and safeguarding the public interest.

Under the proposed legislation, a public officer will be in conflict of interest if he or she exercises official power, duty or function that advances his private interests or the private interest of another person, his or her family, relative or associate.

It further says a public officer will be in conflict of interest if his/her private interests can “reasonably be perceived to impair or influence the public officer’s ability to act objectively in the performance of an official duty”.

“A public officer shall take reasonable steps to avoid any real, apparent of potential conflict of interest in connection with official duties,” the Bill reads.

If passed into law, public officers will be required to declare their wealth within 30 days of their appointment and once every two years thereafter.

They will also be required to declare their sources of income, assets and liabilities.

About 30 days after entering public service, public officers will be required to submit an initial declaration relating to their financial affairs for the period of one year before the appointment.

It will also be mandatory for public servants to declare the wealth of their spouses and children below the age of 18.

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