CONFLICT OF INTEREST BILL: Explainer Of The Contentious Debate
The recently introduced Conflict of Interest Bill 2023 has sparked a firestorm of debate and outrage among the country’s leadership circles.
President William Ruto’s Cabinet had approved the legislation prior to its introduction in the Senate.
Nairobi senator Edwin Sifuna among those who voted for the conflict of interest bill that allows state officials to do business with government. It means that for instance a CS can do business with the ministry they head. pic.twitter.com/s4qwhYqgOc
— Cyprian, Is Nyakundi (@C_NyaKundiH) July 7, 2024
The official line was that it would impose strict sanctions to deter public officials from using government business to amass ill-gotten wealth.
This contentious Bill aims to end corrupt practices that have transformed many public officials into overnight millionaires despite their relatively low salaries.
The Cabinet’s approval of the Bill represented a significant step toward tightening the rules governing conflict of interest in public service.
A dispatch issued following the Cabinet’s approval stated that the legislation would usher in a new era in public affairs management by establishing strong legal safeguards.
“This paradigm shift, once enacted into law, would mark the end of the era where public servants would subordinate their official duties to their private and commercial interests,” the Cabinet said in its statement.
The Conflict of Interest Bill 2023 contains several critical clauses that public officials must follow to ensure a clear distinction between their official duties and private interests.
Conflict of interest is still a crime under the Anti Corruption and Economic Crimes Act. So is Abuse of office. The Senate did not amend this at all. It’s still the position of the law. But outrage must outrage 😀 https://t.co/VkbCzXiOYp pic.twitter.com/ji8zAXCBIv
— Edwin Sifuna (@edwinsifuna) July 7, 2024
To begin, the Bill prohibits public officers from being parties to or beneficiaries of contracts for the supply of goods, among other things, with any reporting entity.
“A public officer shall not be a party to or beneficiary of a contract for the supply of goods, works or services with any reporting entity,” the clause stated.
This measure seeks to prevent potential conflicts in which officials may use their positions for personal gain.
Second, the Bill prohibits public officers from becoming involved in partnerships, private companies, or other legal entities that have contracts with their reporting entity.
“A public officer shall not be a party to or beneficiary of a contract for the supply of goods, works or services with any reporting entity,” the clause stated.
This clause seeks to eliminate any indirect benefits that may result from such associations.
The ambitious proposal also required public officers to provide comprehensive declarations of their income, assets, and liabilities, as well as those of their spouses and dependent children under the age of 18.
Furthermore, it proposed that initial declarations be submitted within 30 days of appointment, with subsequent declarations due biennially and upon leaving office.
Another clause in the bill prohibited public officers from submitting false or misleading information and made it an offence.
It warned that failure to comply with the declaration requirements would result in significant penalties, including fines and potential legal consequences.
The Bill prohibited public officers from engaging in any other gainful employment without the permission of the reporting authority.
However, some public officials have expressed concerns about the administrative burden and potential privacy issues resulting from the extensive disclosure requirements.
They argue that, while the Bill’s goals are admirable, a balance must be struck between transparency and the right to privacy of public employees.
CONFLICT OF INTEREST BILL: Explainer Of The Contentious Debate
