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Are state officers required to care?

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Introduction

The question of whether state officers in Kenya are required to care is a multifaceted one that touches on various aspects of the Kenyan legal framework. This includes the Constitution of Kenya, 2010, the Leadership and Integrity Act, 2012, and other relevant statutes and regulations. The duty of care for state officers is not just a moral obligation but also a legal one, enshrined in various legal documents that govern their conduct and responsibilities.

Constitutional Provisions
- 1.1 Article 10: National Values and Principles of Governance
- 1.2 Article 73: Responsibilities of Leadership
- 1.3 Article 232: Values and Principles of Public Service
Leadership and Integrity Act, 2012
- 2.1 Section 3: Objectives of the Act
- 2.2 Section 9: Guiding Principles of Leadership and Integrity
- 2.3 Section 26: Duty to Report Improper Conduct
Public Officer Ethics Act, 2003
- 3.1 Section 9: General Code of Conduct and Ethics
- 3.2 Section 12: Professionalism
- 3.3 Section 19: Misuse of Office
Conclusion

1. Constitutional Provisions

1.1 Article 10: National Values and Principles of Governance

Article 10 of the Constitution of Kenya, 2010, outlines the national values and principles of governance that bind all state officers. These values include:

Patriotism
National Unity
Sharing and Devolution of Power
The Rule of Law
Democracy and Participation of the People
Human Dignity
Equity
Social Justice
Inclusiveness
Equality
Human Rights
Non-discrimination
Protection of the Marginalized
Good Governance
Integrity
Transparency and Accountability
Sustainable Development

These values and principles are not just aspirational but are legally binding on all state officers, requiring them to act in a manner that promotes the public good and respects the rights and dignity of all individuals.

1.2 Article 73: Responsibilities of Leadership

Article 73 of the Constitution specifically addresses the responsibilities of leadership for state officers. It states that authority assigned to a state officer 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
Promotes public confidence in the integrity of the office

This article further emphasizes that the guiding principles of leadership and integrity include:

Selection on the basis of personal integrity, competence, and suitability
Objectivity and impartiality in decision-making
Selfless service based solely on the public interest
Accountability to the public for decisions and actions
Discipline and commitment in service to the people

1.3 Article 232: Values and Principles of Public Service

Article 232 outlines the values and principles of public service, which include:

High standards of professional ethics
Efficient, effective, and economic use of resources
Responsive, prompt, effective, impartial, and equitable provision of services
Involvement of the people in the process of policy-making
Accountability for administrative acts
Transparency and provision to the public of timely, accurate information
Fair competition and merit as the basis of appointments and promotions
Representation of Kenya’s diverse communities
Affording adequate and equal opportunities for appointment, training, and advancement of men and women, members of all ethnic groups, and persons with disabilities

2. Leadership and Integrity Act, 2012

2.1 Section 3: Objectives of the Act

The Leadership and Integrity Act, 2012, was enacted to give effect to Chapter Six of the Constitution, which deals with leadership and integrity. The objectives of the Act include:

Establishing procedures and mechanisms for the effective administration of Chapter Six of the Constitution
Prescribing a code of conduct and ethics for state officers
Providing for the enforcement of the code of conduct and ethics

2.2 Section 9: Guiding Principles of Leadership and Integrity

Section 9 of the Act outlines the guiding principles of leadership and integrity, which include:

Personal integrity
Competence and suitability
Objectivity and impartiality in decision-making
Selfless service based solely on the public interest
Accountability to the public for decisions and actions
Discipline and commitment in service to the people

These principles are designed to ensure that state officers act in a manner that is consistent with the public trust placed in them.

2.3 Section 26: Duty to Report Improper Conduct

Section 26 of the Act imposes a duty on state officers to report any improper conduct that they become aware of in the course of their duties. This provision is aimed at promoting transparency and accountability within the public service.

3. Public Officer Ethics Act, 2003

3.1 Section 9: General Code of Conduct and Ethics

The Public Officer Ethics Act, 2003, provides a general code of conduct and ethics for public officers, which includes:

Carrying out duties in accordance with the law
Avoiding conflicts of interest
Not using office for personal gain
Treating members of the public with courtesy and respect
Maintaining high standards of professionalism

3.2 Section 12: Professionalism

Section 12 of the Act emphasizes the need for public officers to maintain high standards of professionalism, which includes:

Being honest and impartial
Carrying out duties efficiently and effectively
Maintaining confidentiality of information
Avoiding any conduct that might bring the service into disrepute

3.3 Section 19: Misuse of Office

Section 19 of the Act prohibits the misuse of office by public officers. This includes:

Using office to improperly enrich oneself or others
Engaging in activities that are inconsistent with the official duties
Failing to act in a manner that is in the best interest of the public

Conclusion

In conclusion, state officers in Kenya are indeed required to care, as mandated by various legal provisions. The Constitution of Kenya, 2010, the Leadership and Integrity Act, 2012, and the Public Officer Ethics Act, 2003, all impose a duty of care on state officers. This duty is not just a moral obligation but a legal one, requiring state officers to act in a manner that promotes the public good, respects the rights and dignity of all individuals, and upholds the principles of integrity, transparency, and accountability. Failure to adhere to these legal requirements can result in disciplinary action, including removal from office, fines, and other penalties.