Officials with money abroad put on notice

By KENFREY KIBERENGE

Days of corrupt State officers stashing money abroad are numbered following the setting up of the office of Ombudsman that has kicked off its mandate.

Mr Otiende Amollo, the chairman of the new Commission on Administrative Justice – often referred to as the Ombudsman – said they would soon start investigating State officials still holding bank accounts abroad, contrary to the Constitution.

Commission on Administrative Justice Chair Otiende Amollo (left) and Ms Saadia Mohamed during the unveiling of the Office of the Ombudsman logo in Nairobi, on Wednesday. [PHOTO: MAXWELL AGWANDA/ STANDARD]

"Once we find such individuals, then we will disqualify them from holding their positions and ask them to vacate," said Amollo.

Section 76 (2) says that a State officer shall not maintain a bank account outside Kenya except in accordance with an Act of Parliament.

A recent report, Bringing the Billions Back: How Africa Can End Illicit Capital Flight by Kristina Frˆberg, shows the accumulated illicit capital flight from Kenya hidden in over 40 tax havens amounted to a staggering Sh566 billion (US$6.369 billion) as of 2010.

The commission will also keep a databank of blacklisted State officers who are sacked for abuse of office in order to ensure they do not hold any public office in future.

Constitutional experts recently argued that before Kenyans fully appreciate the new dispensation, the effects of the Constitution would be far reaching, in the process claiming a number of casualties.

Amollo, speaking On Wednesday in Nairobi at a media briefing on the commission’s mandate and logo, revealed that they would work with other sister commissions like Ethics and Anti-Corruption Commission and State organs to execute their mandate.

Integrity

Attorney General Githu Muigai, Public Service PS Titus Ndambuki, Controller of Budget Agnes Odhiambo and Chairman of Commission on Implementation of Constitution Charles Nyachae were present.

The commission’s mandate includes ensuring compliance with the leadership and integrity requirement of Chapter Six of the Constitution, as well as the provisions of the Public Officers Ethics Act, 2003. The chairman said they would keep an eye on all public officers to ensure they conduct themselves with dignity and respect to promote public confidence.

Asked whether they would disqualify some of the six suspects awaiting a ruling from the International Criminal Court on the confirmation of crimes against humanity charges, Amollo said the matter must first be dealt with by the Attorney General and the Independent Electoral and Boundaries Commission.