The Kirinyaga DG Drama: What Does Chapter Six Say?

Since Tuesday, Kenyans have been treated of an embarrassing video of the deputy governor for Kirinyaga County who was caught pants down with ‘somebody’s wife.’

In the video, the deputy governor is seen totally naked, in his birthday suit, with a woman, also naked sitting next to him. Some men are heard asking him questions in a Kikuyu language, harassing and slapping him in the face.

As the video continues to elicit emotions, another version of the same has come up indicating that the deputy governor was set up. Some are sympathizing with the deputy governor and some are calling for his immediate resignation.

The truth is whether the deputy governor was set up or not, the fact that he was lured to the point of pulling his pants down contravenes Chapter Six of the Constitution of Kenya.

The whole of Chapter Six of the Constitution of Kenya is about Leadership and Integrity. Article 73 (1) says that ‘Authority assigned to a State Officer – (a) is a public trust to be exercised in a manner that –

(i) Is consistent with the purpose and the objectives of this constitution

(ii) Demonstrates respect for the people

(iii) Brings honor to the nation and dignity to the office

(iv) Promotes public confidence in the integrity of the office

The deputy governor has broken the provisions stated by the Constitution above. His actions as a state officer do not demonstrate respect for the people, do not bring honor to the nation and dignity to the office and the actions too do not promote public confidence in the integrity of the office.

Article 73 (2) (e) of the Kenyan Constitution states that one of the guiding principle of leadership and integrity that a State Officer should have include discipline and commitment in service to the people. The deputy governor has broken this provision.

Article 75 (1) says that ‘A State Officer shall behave, whether in public and official life or in association with other persons, in a manner that avoids –

(a) Any conflict between personal interests and public or official duties

(b) Compromising any public or official interest in favor of a personal interest

(c) Demeaning the office the officer holds.

The same Article 75 (2) says that ‘A person who contravenes clause (1) or Article 76, 77 or 78 (2)

(a) Shall be subject to the applicable disciplinary procedure for the relevant office; and

(b) May in accordance with the disciplinary procedures referred to in paragraph (a), be dismissed or otherwise removed from office.

Therefore, whether the deputy governor was fixed or not, what he did is against what the Constitution says and he should do the honorable thing.