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Government and Policy

The Constitutional Values and Principles of Public Service

BY David Indeje · January 29, 2018 11:01 am

The hypocrisy that has been witnessed after President Uhuru Kenyatta named his cabinet nominees is indeed sad.

We should be aware that the persons chosen are meant to help the president to have an ‘…efficient operation of government and indeed taking into account the need of having a government that reflects the diversity of our nation and indeed one that can help me deliver on my mandate…’ as the President had noted.

Secondly, these are the persons who will help in the realisation of the “The Big Four” agenda” of Uhuru’s legacy last term.

According to the Draft 2018 Budget Policy Statement, the Plan targets to:

One, support value addition and raise the manufacturing sector’s share to GDP to 15 percent by 2022. This is by accelerating economic growth, create jobs and reduce poverty;

Two, focus on initiatives that guarantee food security and nutrition to all Kenyans by 2022 through expansion of food production and supply, reduction of food prices to ensure affordability and support value addition in the food processing value chain;

Three, provide Universal Health Coverage thereby guaranteeing quality and affordable healthcare to all Kenyans; and,

Four, provide at least five hundred thousand (500,000) affordable new houses to Kenyans by 2022, and thereby improve the living conditions for Kenyans.

Therefore, the names that have been forwarded to the National Assembly for vetting are not about tribe, who gave the president most votes during the last General Elections, it is about service delivery.

Article 232 of the Constitution the values and principles of public service listed as including:

1.     High standards of professional ethics

2.     Efficient, effective and economic use of resources

3.     Responsive, prompt, effective, impartial and equitable provision of service

4.     Involvement of the people in the process of policy making

5.     Accountability for administrative acts

6.     Transparency and provision to the public of timely, accurate information

7.     Fair competition and merit as the basis of appointments and promotions

8.   Representations of Kenya’s diverse communities affording adequate and equal opportunities for appointment, training and advancement at all levels of the public service of

a)     Men and women

b)    The members of all ethnic groups

c)     Persons with disabilities

The values and principles of public service apply to all persons in the public service in:

a)     All state organs in both levels of government

b)    All state corporations

It is a matter of the highest importance that the public hold to account all public servants serving whether at the County level or National level to Constitutional values established by Article 232 if they are to reap any fruits from the Constitution.  

Binaifer Nowrojee, the regional director for Asia Pacific at the Open Society Foundations then as Executive Director for Eastern African region said, “Popular participation by citizens in political decision making is an important aspect of a functioning democracy.”

This is because the active and meaningful participation of citizens in public affairs is the distinguishing feature of democratic societies.

As citizens, taxpayers, failing to hold public servants to the Constitutional thresholds stipulated by the Constitution will be declaring the Constitutional provision a dead letter and being privy to subversion of that Constitution.

As I had opined earlier, the National Assembly must interrogate the integrity of the nominees. It is not only the public that can help the National Assembly by coming forward with any material evidence that tarnishes the integrity of any nominee.

Will the National Assembly live up to its Constitutional obligations to be a filter of those the president seeks to appoint to his cabinet?

Read: What is the most responsible way to enact affirmative action in Kenya? 

The only way corruption, waste, inefficiency and other failures that have led to the country not reaping the maximum returns from budgetary allocations can only be eliminated if the public, the people who are sovereign eternally require public servants to carry out their mandate to serve the public as per the values and principles enshrined in the Constitution.

The transformation of Kenya will only take place if the people accept nothing short of the constitutional standards.  The moment the people settle, for anything short of the high standards set in the Constitution they will have sold and thrown into dustbin their Promises and Dreams enshrined in the Constitution.  

David Indeje is a writer and editor, with interests on how technology is changing journalism, government, Health, and Gender Development stories are his passion. Follow on Twitter @David_Indeje David can be reached on: (020) 528 0222 / Email: info@sokodirectory.com

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