Kenya: Draft KATIBA-Chapter 13 and 14

Chapter 13-VALUES AND PRINCIPLES OF PUBLIC SERVICE.

This Chapter stipulates the values of public service and standards expected of public officers. We always mourn about poor service in public offices, this chapter captures in great detail what a public officer should be and expectations thereof. These parameters will help the consumers of public services determine the competence of public officers as captured in Article 232(1). Being lethargic in public service will no longer be attractive as is the case because the public will have a set of standards against which to gauge performance.

There will be a Public Service Commission to instill these values and manage public service in its entirety. Public officers who do their jobs as per the law are also protected from arbitrary sackings. This is a milestone that will protect whistle blowers in public offices for leaking corrupt deals and shady happenings in public office. Corruption is a cancer which thrives on intimidation and cartels of well connected barons; with the law on the side of straight forward officers, they are up for a difficult time in the near future, the reason some are fighting these reforms hard. WE are threatening to lay them bare where hitherto they could threaten officers with the sack.

If this is not a plus for reformers, what else is?

Chapter 14: NATIONAL SECURITY.

This Chapter deals with protection against internal and external threats. Parliament will have a greater say in how we manage our national security unlike presently when it is a one man show. The President will have to consult with Parliament on matters of national security and thus a rogue President cannot commit us to war without Parliaments approval.

Recruitment of National Security Agencies will have to reflect the diversity unlike presently where there have been grumbling regarding our security heads coming from only one region. The national security organs will be subordinate to civilian authority, meaning we will never be under the threat of coup plotters as our constitution does not recognize military rule. Of course no one will run military, paramilitary and rag tag armies like SLDF, Kamjesh, Jeshi La Mzee, Kanu Youth Wingers, Chinkororo, Mungiki, Baghdad Boys etc that have been used in the past to harass and extort innocent wananchi.

The Security Agencies will have to operate within the law, never again shall such agencies be used the way the infamous Special Branch and CID were used in the 1990s, to hunt down the very citizens they were meant to protect!!!

Recruitment of police will be under the National Police Service Commission to ensure effectiveness in appointing, promoting, transferring, disciplining and generally managing an efficient police force. This will ensure the police are not allowed to “investigate and punish themselves” when they are go against public good.

Otieno Sungu.

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