GOVERNANCE AND ETHICS IN PUBLIC SERVICE: BEST PRACTICES Presentation by: CPA Elkana Kimeli

1. GOVERNANCE AND ETHICS IN PUBLIC SERVICE: BEST PRACTICES Presentation by: CPA ElkanaKimeli Public Finance Management Workshop –Eastern Branch Thursday, August 22nd 2019 Uphold public interest

2. Legal framework • National Values • Public officers ethics • Leadership and integrity provisions • Mwongozo code of governance Presentation Outline

3. Starting point

4. Starting point

5. Starting point

6. Constitution of Kenya (2010) • Public Officers Ethics Act (2003) • Public Service (Values and Principles) Act, 2015 • Leadership and Integrity Act (2012) • Mwongozo code of corporate governance • The United Nations International Covenant on Civil and Political Rights • The United Nations International Covenant on Economic, Social and Cultural Rights, 1966 • The Universal Declaration of Human Rights, 1948 • United Nations Convention against Corruption, 2004 Legal Framework

7. Values are important long-term beliefs, ethics, standards or ideals held and shared by members of the same culture, same community or same nation • Values provide a standard for what is good or bad and also for what is desirable or undesirable • It portrays what the members of a society stand and further form the basis of behavior among the members • Values guide the general conduct of an individual National Values

8. Article 10 of the constitution provides the following as the national values: • Patriotism • Sharing and devolution of power • National unity • The rule of law • Democracy and public participation • Human dignity • Equity • Equality National Values Cont’d

9. Social justice • Inclusiveness • Human rights • Non-discrimination and protection of the marginalized • Good governance • Integrity • Transparency and accountability • Sustainable development National Values Cont’d

10. Equality vs Equity

11. Equality vs Equity

12. Impunity • Corruption and bad governance • Abuse of human rights • Disregard for meritocracy • Ethicized politics • Erosion of social etiquette • Diminishing national pride • Poor work ethics • Weakening social institutions Challenges in Promoting National Values

13. Institutions in Promoting National Values

14. Public officers ethics Act of 2003 identified the the employees of the following as public officers: • Government or a department of government • National assembly/parliamentary service • A local authority • A corporation, council, committee, board or any other body administering public funds • Corporative society under cooperatives Act • Public University • Any other body as may be provided Public Officers Ethics

15. A Public officer shall: • Carry out his duties in a way that maintains integrity of his office and uphold public confidence • Uphold professionalism (time, respect for others, dressing) • Adhere to the rule of law and not violate the rights & freedoms • Not use his office to enrich himself or others • Not accept gifts in his official capacity • Avoid being in a position in which his personal interests conflict with his official duties Public Officers Ethics Cont’d

16. Not use his office/work place to solicit/collect harambees • Not to act for foreigners in a manner that is detrimental to the national security • Care for the property entrusted under his care • Exude political neutrality in execution of their duties • Not practice nepotism • Give honest and impartial advice without fear/favor • Not knowingly give misleading information to public • Practice & promote selection of public officers on basis of integrity, competence &suitability • Submit wealth declaration or any clarifications required every two years Public Officers Ethics Cont’d

17. Developed by SCAC & PSC in 2015 to promote good governance in Public Entities • It provides for among other things • Transparency and disclosure which includes the annual and quarterly reporting • Ethical management of state corporations and promotion of good corporate citizenship • The role of the Board of directors • Board appointments and performance appraisal framework Mwongozo Guide

18. Competitive appointment of boards • It incorporates national values and ethical practices in other legislations • It provides for sustainable, performance management and compliance with laws and regulations • Sustainable development policies to be adopted should meet present needs without compromising further development needs • Risk management framework for the state entities • Establishment and strengthening of audit committees and internal audit departments Mwongozo guide cont’d

19. The leadership and integrity act borrowed heavily from the Public Officers Ethics Act • Established to implement chapter 6 of the constitution • Salient features include: • Not falsify records • Donation/gift to a state/public officer exceeding a set limit in his official duty is a gift of the state • A public entity must keep a register of gifts given or received • Not participate in tenders in an entity where he is serving Leadership and Integrity

20. Not operate/maintain foreign accounts without approval by EACC • A state officer who acquires dual citizenship shall lose his status as a state entity • Not to neglect their financial obligations • Not bully any person (bullying is repeated offensive behavior which is vindictive, cruel, malicious or humiliating and is intended to undermine a person) • Conduct private affairs in a manner that maintains public confidence in the integrity of the office Leadership and Integrity Cont’d

21. Qualities of a good leader

22. Good Governance Principles

23. What is our assessment of governance in our state entities? • Do our leaders have integrity? • Do we have integrity ourselves? • What role can we play as CPAs? Way forward

24. Interactive Session • Comments, questions, feedback……..

25. CPA ElkanaKimeli Lecturer, School of Business and Economics Maasai Mara University elkanakimeli@gmail.com 0725411409 END

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