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The constitutional requirements for leadership and integrity as outlined in Chapter 6 of the constitution are pretty clear: personal integrity, competence and suitability; objectivity and impartiality in decision making; ensuring that decisions are not influenced by nepotism, favouritism, or other improper motives; corrupt selfless service based solely on the public interest; accountability to the public for decisions and actions; discipline and commitment in service to the people.
Considering the constitution’s clarity on leadership and integrity why are the Legislative and the Executive arms of government having such a hard time settling on the definitions, requirements and implications of these principles for those in leadership, and for those intending to run for leadership come the next election?
Under the old dispensation when leadership and integrity were undefined lofty principles, at least in the legal sense, it was easy for persons with questionable integrity to sidestep ethical requirements, run for public office and even win. As a result the country has had no shortage of leaders with questionable integrity as evidenced by the seemingly never-ending corruption scandals in which several of the country’s leaders have been implicated. In fact the ease with which qualities of leadership and integrity were flouted under the old dispensation is the very reason the principles are clearly outlined in the current constitution.
The biggest obstacle to having Chapter 6 of the constitution implemented effectively seems to be the fact that the very members of the legislature that are required to pass legislation to uphold the constitutional principles of ‘integrous’ leadership are also the most likely to be adversely affected by the effective implementation and enforcement of these principles.
It’s no wonder then that there has been continuous flip-flopping by some members of the legislature on the constitutional requirements of leadership and integrity and the implications thereof. A section of MPs has gone as far stating that Chapter 6 of the constitution on leadership and integrity stands suspended until a bill is passed to implement it. However given the slow rate of constitutional implementation its difficult to tell when exactly this will be.
Fortunately this week the Chief Justice, Willy Mutunga, took both a firm and clear stance on the leadership and integrity issue, reaffirming the Judiciary’s commitment to upholding the letter and spirit of the constitution, he stated, “Chapter Six of the Constitution will be used to vet all those seeking public office and they must therefore, meet all the requirements.” So now we wait to see whether the Executive and the Legislature will follow suit, or continue to hold their interests above those of the public.
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