Fading prospects of politically neutral public service worrying

President Uhuru Kenyatta and Deputy President William Ruto with Cabinet Secretaries after chairing the first cabinet meeting at State House, Nairobi in 2013. PHOTO | FILE | NATION MEDIA GROUP

What you need to know:

  • All public and state officers are bound by national values and principles of governance and the public service, including responsive, prompt, effective, impartial and equitable provision of services.
  • The Leadership and Integrity Act imposes on state officers a duty of impartiality and objectivity in accordance with the Constitution.
  • No personal time or resources or public funds or assets will be used to promote a godfather’s political success.

Fresh from the intensity of the elections, President Uhuru Kenyatta shall soon be reconstituting his Cabinet and beyond that the leaderships of departments, state corporations and parastatals, and the diplomatic corps. Kenyans will wonder about the prospects of realising the promise of a public service detached from politics, and committed to the constitutional principles of governance and to the values and principles of public service.

All public and state officers are bound by national values and principles of governance and the public service, including responsive, prompt, effective, impartial and equitable provision of services. They have a responsibility to serve the people rather than the power to rule over them.

The Leadership and Integrity Act imposes on state officers a duty of impartiality and objectivity in accordance with the Constitution.

The Public Officers Ethics Act requires a public officer to carry out duties in accordance with the law. The law imposes a general duty of political neutrality.

NEUTRALITY

Cabinet secretaries and county executives both benefit from a specific qualification to the general duty of political neutrality under the Leadership & Integrity Act. Section 23(1) excludes them from the prohibition imposed on state officers in the performance of their duties from acting as an agent for, or further the interests of a political party or candidate in an election; or manifesting support for or opposition to any political party or candidate in an election in the discharge of their duties.

With constitutional and statutory prohibitions against discrimination and the imposition of the principle of impartiality, a standard of service is prescribed that the qualification cannot override.

Like all public officers, Cabinet secretaries and county executives discharge their duties for the benefit of the State and the people.

Their remuneration is derived from state coffers contributed to by the public irrespective of political affiliation.

CONSTITUTION

They are subject to Article 10 of the Constitution, which applies national and not political views. A neutral public service is the natural consequence of strict adherence to constitutional and statutory standards.

It will promote stability and efficiency of government. Election cycles shall come and go with no discernable effect upon the public service, a regular feature of mature democracies.

All public servants will be recruited on merit and assured of job security and promotion solely on performance, not on the political fortunes of godfathers.

No personal time or resources or public funds or assets will be used to promote a godfather’s political success.

Professional public servants will not countenance any pressure to skew policy or direct resources in favour of the politically preferred.

CONSEQUENCES

Individuals who have failed to live the ideals of a politically neutral public service must be weeded out now and made to face the consequences.

The institutions charged with holding public officers to the highest standards must act. They must be agents for the achievement of the ideals of a transformed public service.

Yet there has been no action on letters by both the Law Society of Kenya and the Commission for the Administration of Justice calling for the investigation and prosecution of public officers who violated the Election Offences Act.

The establishment of a professional public service dedicated to the high standards set by the Constitution is crucial.

NATIONAL UNITY

Citizens acknowledge that the perception of a nation of carnivores versus saliva-swallowers is an anathema to the concept of national unity; as is the sense that the application of security or regulatory laws may be determined by one’s political views. Anything less than a neutral professional public service is fatal to our constitutional aspiration to be proud of our ethnic, cultural and religious diversity, and our determination to live in peace and unity as one indivisible sovereign nation.

 Mr Okero is the president of the Law Society of Kenya