Public officers who spend more than Sh100,000 in a funds drive will have to notify the Ethics and Anti-Corruption Commission of the source of the funds if a proposed amendment to the law is passed.
The proposal is seen as a response to frequent harambees by Deputy President William Ruto and his allies that have sparked controversy, with his critics demanding that the group makes full disclosure of their source of funds.
The Public Officer Ethics (Amendment) Bill, 2019, sponsored by Minority Leader John Mbadi proposes that every public officer shall, every two years, submit to the commission a declaration of the income, assets and liabilities.
Mr Mbadi, in a letter to Speaker of the National Assembly Justin Muturi, is seeking to amend section 13 of the Public Officer Ethics Act to compel public officers to file a return with the ethics commission within 14 days stating the source of the contribution made.
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Mbadi argued that the move is aimed at taming corruption among public officers who have an appetite for public funds and contribute in harambees in furthering their political agenda.
“A public officer who contributes an amount exceeding Sh100,000 to a public collection or harambee shall file a return with the commission stating the source of the funds within 14 days of such contribution,” reads part of the proposed amendment.
The Suba South legislator is also seeking an amendment to section 30 of the same Act to compel EACC to make accessible to the public wealth declaration of a public officer.
Under section 28 of the same Act, Mbadi wants EACC to be empowered to not only verify the declaration forms presented before it by those seeking clearance to vie for various offices, but to institute criminal investigations of any officer whose lifestyle doesn’t match with the declaration made.
“EACC should not just be receiving forms but should be empowered to determine the truth, accuracy based on an actual lifestyle of the public officer,” Mbadi said.
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Mbadi’s amendment comes at a time the source of funds that Ruto and his allies contribute, nearly every weekend, in harambees has become contentious.
Last year, Ruto who styles himself as a poor man’s child, and who walked his way up the political ladder from a chicken seller in Uasin Gishu to deputy president, said his contributions should be seen in the context of his generous spirit and not so much about the source of his wealth.
“There are people who sometimes shock us by asking why we go to churches and why we donate towards church projects. But if you investigate these people, they spend their money on witchcraft,” Ruto told a church gathering in Kayole.
Hectic venture
But should Mbadi’s proposal pass through the House that is now divided, with one faction allied to the DP and now branded ‘Tangatanga’ and the other fashioned as ‘Kieleweke’ supporting President Uhuru Kenyatta and Opposition leader Raila Odinga, funds drive will be a hectic venture for State officers to preside over.
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The minority leader wants the right to privacy in accessing the wealth declaration information of public officers limited for accountability purposes.
“For purposes of accountability and integrity of a public officer, the public must be given reasons why they cannot access the wealth information of any public officer,” reads part of the amendments.
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