An Exposition on Ethics and Integrity in the Devolved Legislature in Kenya By

Mwirigi Kiula, HD419-4128/2013

Directed by Dr. Esther Waiganjo, Ph.D.

Instructor, DLG 4107 Leadership Theory and Practice Ph.D. Leadership and Governance

Department of Entrepreneurship, Technology Leadership and Management College of Human Resource Development

JKUAT

Submitted on July 19th, 2014

Contents

1 Preamble .............................................................................................................................................. 3

2 The Standing of the Members of the County Assembly .................................................................... 3

3 Ethics and Integrity – the Constitutional and Legal Thresholds ........................................................ 4

3.1 Leadership Responsibilities of the MCAs ................................................................................... 4

3.2 Guiding Principles of Leadership and Integrity .......................................................................... 5

3.3 Practice of Leadership and Integrity ........................................................................................... 5

4 The Dimensions of Leadership and Integrity ...................................................................................... 5

4.1 Application of Ethical Values ....................................................................................................... 6

4.2 Moral Conduct .............................................................................................................................. 6

4.3 Authenticity .................................................................................................................................. 6

4.4 Consistency .................................................................................................................................. 7

4.5 Reliability ...................................................................................................................................... 7

4.6 Ecological Integrity ...................................................................................................................... 7

5 Threats to Leadership and Integrity ................................................................................................... 8

5.1 Commercial Pressure ................................................................................................................... 8

5.2 Organizational Divisions .............................................................................................................. 8

6 Implications of Leadership and Integrity ............................................................................................ 9

7 Conclusion .......................................................................................................................................... 10

Acknowledgement ..................................................................................................................................... 11

The Members of the County Assembly; The Clerk of the County Assembly; The Sergeant at Arms of the County Assembly; Officers of the County Assembly; Ladies and gentlemen; All protocols observed; It gives great pleasure to be with you today and to have the opportunity to address this County Assembly on a matter so central to the social, political and economic development of our County and the Nation at large. I am indeed glad to note that you have scheduled and made it to this moment without a single abstention of the Members of the County Assembly or the County Assembly Staff. May I take this opportunity to take us through an exposition on leadership and integrity as anticipated by the Constitution, law and statutes of the Nation of Kenya. It is my sincere hope that we will all benefit from the exposition on our path to the betterment of our County and Nation.

1 Preamble

Kenya, in the year 2010, adopted a new constitution. The new constitution was a result of a great clamor for improved public service delivery, the search for greater participation of ordinary citizen in the affairs of the government right up to the grassroots, the yearning for inclusion, diversity and participation in local and national management, governance and leadership and the demand for fairness, transparency, ethics and integrity. Ethics and integrity is thus a core plank of the new constitution. In fact, ethics and integrity was so crucial that it deserved an entire chapter of the Constitution. It therefore captures our heart, mind and strength to have keen review of ethics and integrity at the national and the devolved level. Today we take an exposition on ethics and integrity in the devolved legislature in Kenya.

2 The Standing of the Members of the County Assembly

Chapter Six of the Constitution on Ethics and Integrity addresses state officers. The first pertinent question is whether the elected leaders in devolved legislature, the Members of the County Assembly (MCAs), are addressed by the ethics and integrity requirements. The Constitution defines a state office as including the offices of member of county assembly among other offices in the devolved government structure. The Constitution

further defines a state officer as a person holding a state office. The Leadership and Integrity Act No. 19 of 2012 picks the definition of state office and state officer, without deviations, from Article 260 of the Constitution. It follows that MCAs are thus state officers and hence bound by the requirements on ethics and integrity in the Constitution. This standing is further reinforced by the County Government Act No.17 of 2012 which, among other things, defines the powers and privileges of the Parliament. This Act declares that the national law regulating the powers and privileges of Parliament shall, with the necessary modifications, apply to a county assembly. Hence and in performance of devolved legislative affairs, the MCAs are equated to the Members of Parliament (MPs) in the National Assembly who are defined as state officers. It is even clearer here that the ethics and integrity requirements for the MCAs and MPs are standard. It is also noteworthy that the provisions of the Leadership and Integrity Act No. 19 of 2012 at Article 4 (1) require that “every person has the responsibility of implementing this Act.” The Constitution also provides that “a person is not eligible for election or appointment to a State office unless the person is a citizen of Kenya.” The MCA is both a person and a citizen. Therefore an MCA is required to adhere to the provisions of the statutes on leadership and integrity both as an ordinary person and as an elected representative of the people. The standing of the MCAs as state officers holding state offices, holding the same powers and privileges as MPs and subject to both the Constitution and the Leadership and Integrity Act No. 19 of 2012 cannot be more emphasized. The ethics and integrity requirements apply to MCAs with same weight as any other state officer in the National and County Governments.

3 Ethics and Integrity – the Constitutional and Legal Thresholds

3.1 Leadership Responsibilities of the MCAs

As state officers, the MCAs have key roles and responsibilities defined by the Constitution and other statutes enacted the National Assembly. The authority of a state office is a public trust to be exercised in a manner that is consistent with the purposes and objects of the Constitution; demonstrates respect for the people; brings honor to the nation and dignity to the office and promotes public confidence in the integrity of the office. The state office vests in the State Officer the responsibility to serve the people, rather than the power to rule them. The responsibilities and authorities of the MCAs are well outlined in the Constitution and other statutes including the County Government Act No. 17 of 2012, the Leadership and Integrity Act No. 19 of 2012. It is incumbent upon MCAs to study and practice ethics and integrity in the performance of the devolved legislative duties. By doing this, they will play a key role in educating the citizens on the values therein.

3.2 Guiding Principles of Leadership and Integrity

The Constitution further clarifies the guiding principles of leadership and integrity including the selection on the basis of personal integrity, competence and suitability, or election in free and fair elections; objectivity and impartiality in decision making, and in ensuring that decisions are not influenced by nepotism, favoritism, other improper motives or corrupt practices; selfless service based solely on the public interest, demonstrated by honesty in the execution of public duties; and the declaration of any personal interest that may conflict with public duties; accountability to the public for decisions and actions; and discipline and commitment in service to the people.

3.3 Practice of Leadership and Integrity

By virtue of the constitutional and other legal provisions and the guiding principles of leadership and integrity, the MCAs must not only adhere to practice ethics and integrity as state officers holding state offices but also in the means by which they come to occupy these offices. Their elections must be free and fair, their decisions impartial, their service selfless, accountability to the people and clear and timely declaration of personal interests in matters before them. The assumption of office is not an arbitrary affair. As a state officer an MCA can only assume office upon taking subscription to the oath of office in the manner subscribed under an Act of Parliament. As a state officer an MCA holds a special status in the devolved government and in the actualization of the aspirations of the Nation. The MCA must thus behave, whether in public and official life, in private life, or in association with other persons, in a manner that avoids any conflict between personal interests and public or official duties; compromising any public or official interest in favor of a personal interest; or demeaning the office the officer holds. Contravention of the ethics and integrity requirements leads to disciplinary procedures which may lead to vacation of office. Vacation of a state officer by virtue of a disciplinary action means an MCA may not hold any other state office. It, therefore, in the best interest of the individual MCA, the devolved government and the national aspirations of the people that MCAs acquaint to and practice the provisions on ethics and integrity.

4 The Dimensions of Leadership and Integrity

The Constitution of Kenya, the County Governments Act and the Leadership and Integrity Act among other statutes have attempted to define the acceptable parameters on leadership, ethics and integrity. Nevertheless, the topics have been received major consideration locally and globally.

The following dimensions, although more biased towards civil society organizations (CSOs), are congruent with the expectations of the Constitution and statutes in Kenya. They include:

4.1 Application of Ethical Values

Application of ethical values in practice is considered very important. Application takes the form of the existence of policies and procedures that prohibit and restrict discriminatory, corrupt, self-interested and abusive practices in recruitment processes, client and partner selection, and internal relations. It also includes a focus on the capabilities of individuals, teams and organizations among others to identify applicable ethical values in a given context and applying ethical values in decision-making. Finally, it involves individuals being able to suspend their own beliefs, values and ideas in order to develop a shared vision with a team. Values associated with the application of ethical values include passion, commitment, commitment, consistency, commitment, justice, equity, social responsibility, business ethics, openness, transparency, honesty, fairness, justice, respect, trust, openness, honesty, reliability, and unity.

4.2 Moral Conduct

Moral conduct is another dimension associated with the value of integrity. Moral conduct includes individuals, teams, organizations, and clients being trustworthy, honest, transparent, respectful, non-discriminatory, impartial, fair, just, equitable, genuine and sincere. It implies an absence of anti-social and corrupt behavior, and the presence of healthy gender relations. It also refers to processes which are morally robust, whereby decision-making processes and other internal and external processes and interactions are trusted. Morally robust processes in organizations lead to continuing relationships between staff, partners, collaborators and stakeholders and inspirations of others to also live according to ethical values. Values associated with moral conduct include those mentioned and being an example, trustworthiness, accountability, positive impact on society, betterment of humanity, respecting human dignity, non-discrimination, lawful/law abiding, being polite, impartiality, courtesy, kindness, financial viability, confidentiality, and care.

4.3 Authenticity

While integrity is living according to your values and authenticity is a genuineness and manifestation of such a way of life. Authenticity is a concept that captures the essence of the self-reflective and self-critical processes that are identified as important for individuals, teams, organizations, and partners to engage in to move towards moral conduct.

Behaviors associated with authenticity include striving towards self-honesty, committing to ethical values despite temptations and costs, and critically and morally investigating what is right and good rather than adopting other’s opinions. Values associated with authenticity include truthfulness, openness, and (self) development.

4.4 Consistency

Consistency takes the form of: consistent application of principles and values in practice, forming partnerships with those who also abide by the same values, or at least a shared value set, and not seeking to subvert the principles. An important aspect of consistency is the degree of matching of values between different interacting entities such as employees and the County Government, or between a County Government and the local community or between the County Assembly and the County Executive. Where matching occurs there is greater motivation, ownership and commitment for those involved. This is also central to the County Government being able to attract and retain talented employees. No skilled, experienced and well trained expert would be willing to cast their lot with a County where the County Assembly is in incessant rifts with the County Executive. Values associated with consistency include being an example, inspiration, courage, persistence, consistency, faithfulness, trustworthiness, transparency, and conservation.

4.5 Reliability

Reliability is another way of saying that you will do what you say you will do, an essential characteristic of the value of integrity. Reliability is particularly important and includes primarily the fulfillment of commitments made. There are many constitutional and statutory duties for the MCAs that are not only critical but also have specific timelines such as the processing of county budgets. MCAs need to demonstrate reliability by being able make and keep promises as required as well as promised to the electorate. Accountability is an important aspect to reliability; that the achievement of commitments would be reviewed in a transparent and honest manner and using external parties where important to ensure integrity. This would involve the MCAs being open to scrutiny by constitutional and statutory bodies such as the Auditor General, the Commission for Revenue Allocation, the Kenya Revenue Authority as well as scrutiny by the public. Values associated with reliability, or doing what you say you will do, include consistency, trust, collaboration, respect, commitment, cooperation, contribution, striving for excellence, responsibility, consistency, and accountability.

4.6 Ecological Integrity

Ecological integrity involves the protection and restoration of earth’s ecological systems. In an era where challenges abound with respect to access to clean water, denigration of water

sources, dwindling forest cover, extinction of valuable plants and animal species and the climate change MCAs have a major responsibility to pass legislation that is environmentally sustainable. Values associated with ecological integrity include conservation, sustainability, environmental sustainability, and diversity.

5 Threats to Leadership and Integrity

Fulfilling the call for ethics and integrity in the national and the devolved government is not an easy task. There are various challenges exist of which two stand out. They include:

5.1 Commercial Pressure

Devolution in Kenya came in the dimensions of administration, political and fiscal devolution from the national government. There are therefore a lot of resources available in the grassroots under the County Governments than at any other time in the history of Kenya. The County Assemblies have a huge say over the revenues, appropriations and expenditures. There is likelihood of the internal pressure to want to satisfy an inherent greed fueled by years of scarcity at the grassroots. The local cronies who have had no access to the “national cake” during the years of centralization now may have a justification to demand for more leverage “else we sponsor other candidates” in the wake of devolution. At the individual level the MCAs happen to emerge from an era where the local representatives were the scorn of the Ward. Their very existence was hinged on a statute and at the behest of the Minister for Local Government. The MCAs are not only now anchored on the Constitution but also wield great leverage on the County Government with powers to make devolved legislation, make major decisions on the developments of the County Governments and with benefits, powers and privileges of the MPs. This opens a floodgate never seen before and with a possibility of an insatiable appetite.

5.2 Organizational Divisions

Kenya in general has experienced sharp divisions between the Executive, the Legislature and the Judiciary. There also exists a great rift between the Senate and the National Assembly. The County Governments have also exerted their power and have been on the offensive against the National Government. It is a state in which the various institutions established in the wake of the new Constitution and new-found powers and privileges are in a constant search for equilibrium. This state of affairs gives rise to constrained communication flow within and between the respective bodies in the National and the Devolved Governments. It may also create a general lack of concern for matters concerning each other. A persistent lack of trust, perception of unfairness and mistreatment rises and eventually threatens the very fabric of existence.

More often, leaders may tend to use all forms of leverage including coercion, bribery and other underhand dealings to have their. The objectivity and impartiality of the leader gets impaired. This may eventually flow to the general citizens and break the spirit of the Nation.

6 Implications of Leadership and Integrity

Leadership and integrity has a number of implications – in presence or absence. The benefits of integrity, when present, are numerous. First, a leader who lives his/her life with integrity has a clear conscience – they can sleep at night. It does not mean there are not difficulties, trials, problems, or tough decisions, but it does mean the leader has done all that they can to look after the well-being of their followers and the organization. They can look at each employee in the eye, knowing they have “done right by them”. Biblically, Proverbs 11:3 states that the “integrity of the upright guides them, but the unfaithful are destroyed by their duplicity.” Second, a good leader must be both technically good and effective and morally good. A person who leads with integrity is on their way to becoming a good leader. Third, people want to follow leaders who are trustworthy and credible. This has huge benefits for the leaders. Kouzes and Posner (2007) as quoted by Eddy Shigley discovered that when people perceive their immediate supervisor to have credibility they are significantly more likely to:

i.) Be proud to tell others they are part of the organization, ii.) Feel a strong sense of team spirit, iii.) See their own personal values as consistent with those of the organization, iv.) Feel attached and committed to the organization, and v.) Have a sense of ownership of the organization.

The converse is also true that when people perceive their leaders to have low credibility they are significantly more likely to:

i.) Produce only if they are watched closely, ii.) Be motivated primarily by money, iii.) Say good things about the organization publicly but criticize it privately, iv.) Consider looking for another job if the organization experiences problems, and v.) Feel unsupported and unappreciated.

Fourth, entities led by managers of integrity enjoy deeper employee commitment, lower turnover, superior customer service and substantially higher profitability. This improved performance is the “integrity dividend”. The result is employees and customers have a deep loyalty to the organization. They enjoy working with people of integrity, they can trust the operations and products, and this translates into a harder working, more efficient employee.

Fifth, integrity fosters stability. They know their boss will not be shaken during tough times and they will stick up for and back their employees. They will be treated with dignity and respect. This is refreshing and reassuring in the workplace. It is certainly true that every MCA has the best interest of the County and the Country. They would want to have a clear conscience that in private or public life, during and after the tenure of service that they did their best in the advancement of the citizens’ aspirations. It would be desirable for every MCA to be perceived as an ethical leader of integrity especially being an elected officer who must regularly go back to the electorate for re-election and consultation. It would be a great achievement to be associated with the most advanced County in the social, political and economic spheres. This can only be achieved in an environment of employee commitment. We all want stability for the devolved and national government. Only then can we achieve meaningful development with job and wealth creation for all as well as create a national pride.

7 Conclusion

It is evident that the Kenya Constitution 2010 lays great emphasis on leadership ethics and integrity. The emphasis on ethics and integrity has been further reinforced with the enactment of the relevant statutes key among them the Leadership and Integrity Act No. 19 of 2012. It is also crystal clear that the MCAs are state officers and hold vital state offices in the devolved governments and, like any other state officers, are bound by the requirements on ethics and integrity. The requirements on leadership and integrity are to be practiced meticulously for the benefit of the people of Kenya in general and the respective devolved governments in particular. Failure to adhere to the requirements has far reaching repercussions for the MCAs, the devolved units and national development. Despite the challenges that abound may we all rise to the challenge of leadership and integrity for a prosperous Nation, Kenya.

It is my hope and trust that this exposition has fashioned our hearts, minds, souls and strengths to a gallant life of service as embodied by the virtues of leadership and integrity. Thank you, ladies and gentlemen.

Acknowledgement

The Constitution of Kenya, 2010 published by the Published by the National Council for Law Reporting with the Authority of the Attorney General www.kenyalaw.org County Governments Act No. 17 of 2012 Revised Edition 2012 Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org The Leadership and Integrity Act No. 19 of 2012 Published by the National Council for Law Reporting with the Authority of the Attorney-General National Assembly (Powers and Privileges) Act Chapter 6 Revised Edition 2012 [1998] Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org The Development of Indicators and Assessment Tools for CSO Projects Promoting Values-Based Education for Sustainable Development, Excerpt from Values-Based Indicators for Sustainable Development: Draft Handbook for Civil Society Organizations on Values: Understanding Integrity by ESD Inds by the Seventh Framework Programme and conducted by the University of Brighton, Charles University in Prague, Earth Charter Initiative, European Baha Business Forum (EBBF), Alliance of Religions and Conservation (ARC) and the People’s Theater. Eddy Shigley, Integrity: The Lost Art of Leadership, Doulos Leadership Group, 1827 Moonlight Drive, Bartlesville, OK 74006, 918-914-3348, eshigley@sbcglobal.net