Professional Documents
Culture Documents
TABLEOFCONTENTS
1.0 INTRODUCTION...................................................................................................................................3
2.0 BACKGROUND...................................................................................................................................3
3.0 JUSTIFICATION.....................................................................................................................................4
4.0 OBJECTIVES.........................................................................................................................................4
5.0 TARGET AUDIENCE.............................................................................Error!Bookmarknotdefined.
6.0 EXPECTED OUTCOMES......................................................................Error!Bookmarknotdefined.
7.0 SESSIONS AND THE PANELISTS..........................................................Error!Bookmarknotdefined.
8.0 EMERGING ISSUES..............................................................................................................................5
9.0 RECOMMENDATIONS.......................................................................................................................7
1.0 INTRODUCTION
On 27th March 2015, the Commission on Administrative Justice (Office of the
Ombudsman) convened a half day Public Forum on Good Governance to
discuss the nature and extent of corruption, impunity and maladministration,
and propose solutions to these problems. The Forum drew participation from key
stakeholders in the governance sector, both government and nongovernmental, and members of the public.
2.0 BACKGROUND
The adoption of the Constitution in August 2010 marked a major turning point in
the history of Kenya. The Constitution, which created the Second Republic, has
transformed the governance structure and relations in the country thereby
crystallizing good governance and constitutionalism. In addition, the
Constitution has strengthened accountability mechanisms and renewed the
policy, legal and institutional frameworks for sustainable development. A
notable development is the tacit description, indeed, prescription of the
concept of sovereignty of the people, national values and principles of
governance, leadership and integrity and creation of institutions supporting
good governance.
Notwithstanding the above prescriptions, Kenya has recently been faced with
governance challenges that have threatened its very foundation and
prompted public debate on the need for enforcement of the Constitution.
Notably, Kenya has recently had unprecedented incidences of
maladministration, corruption and impunity, which point to the possibility of poor
governance. Whereas public debate is healthy, it is worth noting that there has
been no formal and organised platform of engagement affording key
stakeholders an opportunity to engage and come up with a consolidated
approach to tackling the challenges. For this reason, efforts of stakeholders
have been lost in informal public debate.
It is on this premise, that the Commission convened the Public Forum on Good
Governance to provide the much needed space for engagement on these
governance issues and chart the way forward.
3.0 JUSTIFICATION
Governance is a key determinant for growth, development and poverty
alleviation. The question of governance, therefore, determines the ability of any
country to deliver services to its people, as well as the quality of those services. In
the context of governance, transparency and accountability are some of the
hallmarks of a functional democracy. It is in this regard that the Constitution of
Kenya has placed premium on good governance, as discernible in its
substantive and structural frameworks. For instance, the Preamble provides thus
a government based on the essential values of human rights, equality,
freedom, democracy, social justice and the rule of law. This is further supported
by the national values and principles of governance under Article 10 of which
the rule of law, participation of the people, human rights, good governance,
integrity, transparency and accountability are part. Further prescriptions of
accountability, transparency and acceptable standards of behaviour in public
sector are found under various provisions, including Chapters Four, Six and
Thirteen of the Constitution. The enforcement of these provisions has been
bestowed upon a number of institutions, notably the three arms of government
and the constitutional commissions and independent offices. In performing their
functions, these bodies are required to work closely and complement each
other. The public, too, have a role to play in ensuring good governance.
Corruption, impunity and maladministration are some of the major obstacles to
the realisation of good governance in Kenya. They undermine the ability to
deliver services and erode public trust in government and its agencies. It is,
therefore, not only important but necessary to find ways of nip them in the bud.
Charged with the responsibility of enforcing administrative justice in the public
sector by addressing maladministration, and promoting good governance and
protecting the sovereignty of the people, the Commission organised a public
forum to discuss issues ailing governance in Kenya, as an entry point in
addressing these challenges.
4.0 OBJECTIVES
The main objective of the Forum was to provide a platform for engagement with
the public and various stake-holders to examine the nature and extent of
corruption, impunity and maladministration, and chart the way forward.
Specifically, the Forum aimed at achieving the following objectives:
To provide a platform for exploring ways of addressing maladministration,
corruption and impunity in Kenya.
4
6) The IEBC must enforce its powers under Article 88 to vet those interested
in elective posts.
7) Conduct of lifestyle audits for State and Public Officers need to be done
and enforced through legislation. Illegally acquired wealth should be
confisticated.
8) In light of the scourge of corruption and maladministration the relevant
legislation needs to be amended to negate the presumption of
innocence in such matters.
9) There should be timelines for action on reports and recommendations by
oversight institutions.
10) Stiff penalties and sanctions should be meted out to public officers who
have been charged with corruption and maladministration.
11) There is need to overhaul the Companies Act as the loopholes therein
create an enabling environment for corruption.
12) Harness technology to ensure corruption is reported and promptly acted
upon.
13) There is need to review the law on the protection of whistleblowers.
14) Laws on election financing should be reviewed. Every political leader
should be required to file a budget on all electoral heads and account
for the money spent.
15) The National Anti-Corruption Policy should be developed to guide the
anti-corruption activities in the country.
16) Investigators in corruption related cases should conduct thorough,
investigations for effective prosecution and adjudication.
17) National Integrity Systems should be formed and values inculcated from
an early educational level.
18) Efforts should be made towards ensuring that Chapter Six of the
Constitution is self enforcing.
19) Parliament should enact a Politicians Code of Conduct and institute
processes to have undisciplined politicians dealt with.
20) The Judiciary should be held to account in as far as upholding the
Constitution is concerned. The prohibitive rule requiring one to deposit a
sum of Ksh. 1,000,000 before approaching the Supreme Court in relation
to Presidential elections should be repealed since it undermined good
governance.
21) A list of shame bearing the names of those people accused of integrity
violations should be published regularly.
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SESSION
8.00- 9.00a.m
9.00 10.00a.m
10.00 11.00a.m.
Hon. Sen. Amos Wako, Chairman, Senate Committee on Legal Affairs and
Human Rights
Cmmr. Mumo Matemu, Chairperson, Ethics and Anti-Corruption
Commission
Mr Jacob Ondari, Deputy Director, Public Prosecutions and Head of
County Affairs & Regulatory Prosecutions
Mr Ndungu Wainaina, Executive Director, International Centre for Policy
and Conflict
Way Forward
11.00a.m. 1.00p.m
10