Ask a lawyer:
Are state officers required to care?
Table of Contents
Introduction
The Constitution of Kenya, 2010 2.1. Article 10: National Values and Principles of Governance 2.2. Article 232: Leadership and Integrity
The Public Service Act, 2015 3.1. Section 3: Values and Principles of Public Service
Conclusion
Introduction
This response will address the question of whether state officers in Kenya are required to care, drawing upon the Constitution of Kenya, 2010 and the Public Service Act, 2015.
The Constitution of Kenya, 2010
2.1. Article 10: National Values and Principles of Governance
The Constitution of Kenya, 2010, outlines the national values and principles of governance that should guide all state officers. These values include:
Patriotism, national unity, and allegiance to the Republic of Kenya: This principle emphasizes the importance of loyalty and commitment to the nation.
Democracy and the rule of law: This principle underscores the importance of a system of government based on the will of the people and adherence to the law.
Social justice: This principle promotes fairness and equity in the distribution of resources and opportunities.
Inclusiveness: This principle emphasizes the importance of participation and representation of all members of society.
Human dignity, equality, and freedom: This principle recognizes the inherent worth and rights of all individuals.
Good governance: This principle emphasizes transparency, accountability, and responsiveness in the conduct of public affairs.
Integrity: This principle promotes honesty, ethical conduct, and accountability in public service.
Public participation: This principle encourages active involvement of citizens in decision-making processes.
Accountability: This principle holds public officials responsible for their actions and decisions.
Transparency: This principle promotes openness and accessibility of information to the public.
Responsiveness: This principle emphasizes the need for public officials to be responsive to the needs and concerns of the people.
Sustainable development: This principle promotes development that meets the needs of the present without compromising the ability of future generations to meet their own needs.
Source: Article 10 of the Constitution of Kenya, 2010
2.2. Article 232: Leadership and Integrity
Article 232 of the Constitution of Kenya, 2010, further emphasizes the importance of leadership and integrity in public service. It states that:
All State officers shall serve the people of Kenya with integrity, diligence, and accountability.
State officers shall uphold the Constitution and the law.
State officers shall be accountable to the people of Kenya.
State officers shall be transparent in their dealings with the public.
State officers shall be responsible for the efficient and effective use of public resources.
Source: Article 232 of the Constitution of Kenya, 2010
The Public Service Act, 2015
3.1. Section 3: Values and Principles of Public Service
The Public Service Act, 2015, further elaborates on the values and principles that should guide public servants. These values include:
Integrity: This principle emphasizes honesty, ethical conduct, and accountability in public service.
Professionalism: This principle promotes competence, efficiency, and effectiveness in the performance of public duties.
Impartiality: This principle emphasizes fairness and objectivity in the application of laws and policies.
Accountability: This principle holds public servants responsible for their actions and decisions.
Transparency: This principle promotes openness and accessibility of information to the public.
Responsiveness: This principle emphasizes the need for public servants to be responsive to the needs and concerns of the people.
Commitment to service: This principle emphasizes the dedication of public servants to serving the public interest.
Teamwork: This principle promotes collaboration and cooperation among public servants.
Innovation: This principle encourages creativity and the development of new solutions to public problems.
Respect for diversity: This principle promotes inclusivity and the recognition of the unique contributions of all members of society.
Source: Section 3 of the Public Service Act, 2015
Conclusion
In conclusion, the Constitution of Kenya, 2010 and the Public Service Act, 2015, clearly establish that state officers in Kenya are required to care. This care is manifested through the values and principles of governance, leadership, and integrity that are enshrined in these legal instruments. These principles emphasize the importance of serving the people with integrity, diligence, and accountability, upholding the Constitution and the law, being transparent in dealings with the public, and being responsible for the efficient and effective use of public resources.
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