Graft suspects gain from 'innocent until proven guilty' law

National Land Commission chairman Muhammad Swazuri in court over graft claims. He has accused NLC Vice-Chairperson Abigael Mbagaya of unlawfully calling meetings, issuing directives and memos and making decisions “as though she is the one in charge of the land commission”. PHOTO | FILE | NATION MEDIA GROUP

What you need to know:

  • A principal secretary's gross salary is Sh756,188 a month while the official transport and inpatient medical cover goes up to Sh10 million.
  • Katiba Institute lawyer Lawyer Lempaa Suyinka said strict adherence to the Constitution would mean resignations, not reliance on lack of proof.

With the resurgent war on corruption, the government could be inadvertently creating a pool of people who burden taxpayers despite not offering any public services.

Some senior public and State officials have spent several days in police custody and remand prisons on various claims, with their assets frozen and court appearances in the full glare of the public.

Besides this ignominy, others have been suspended after corruption charges yet they continue to enjoy half their salaries and full allowances and benefits that include official vehicles and medical covers.

Based on the legal principle of innocence until guilt is proven, Section 62 of the Anti-Corruption and Economic Crimes Act states, “A public officer or State officer who is charged with corruption or economic crime shall be suspended, at half pay, with effect from the date of the charge until the conclusion of the case … A suspended public officer who is on half pay shall continue to receive the full amount of any allowances.”

SUSPENDED

By dint of that provision in law, the likes of Agriculture Principal Secretary Richard Lesiyampe and National Land Commission (NLC) chairman Muhammad Swazuri, who remain suspended after being charged over graft, could still be burdening taxpayers.

Other senior public officials who are on suspension after corruption-related charges are National Youth Service Director-General Richard Ndubai, Kenya Railways Managing Director Atanas Maina, NLC Chief Executive Officer Tom Aziz Chavangi, National Cereals and Produce Board (NCPB) Managing Director Newton Terer and Finance General Manager Cornel Kiprotich, Kenya Power Managing Director Ken Tarus and Kenya Bureau of Standards Managing Director Charles Ongwae.

Also in the list are former Sports minister Hassan Wario, who is the ambassador to Austria, and former Sports Principal Secretary Richard Ekai, who was arrested and charged hours before he could fly to Moscow to start serving as ambassador to Russia.

MEDICAL COVER

According to the July 2017 gazette notice by the Salaries and Remuneration Commission (SRC), a principal secretary's gross salary is Sh756,188 a month while the official transport and inpatient medical cover goes up to Sh10 million.

They have an outpatient cover of Sh300,000 as well as dental and optical covers of Sh75,000 each. This means that the two currently on suspension get Sh382,594 as well as the allowances and benefits.

National Assembly Clerk Michael Sialai says the law does not state that those on suspension should lose their perks in case they are charged.

“Article 75 of the Constitution spells out how a State officer can be disciplined as per the applicable disciplinary procedure of the relevant body. In our case, it’s the Powers and Privileges Committee which can take up the matter until all appeals are exhausted. Remember despite being charged, a person is presumed innocent until proven guilty,” he says.

NLC chairperson Abigael Mbagaya said Mr Swazuri's case is different as he draws his emoluments from the Consolidated Fund.

However, Katiba Institute lawyer Lawyer Lempaa Suyinka said strict adherence to the Constitution would mean resignations, not reliance on lack of proof.