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'Orders from above' will not be defence for corruption suspects, civil servants warned

Head of Public Service Felix Koskei addressing government officials at the Kenya School of Government on Lower Kabete, Kiambu County, Wednesday, June 21, 2023. He warned the administrators, supply chain management officers, accountants and auditors against corruption. [Edward Kiplimo, Standard]

Claims of "orders from above" will not be tolerated even as the government warned civil servants against engaging in corruption.

Head of Public Service Felix Koskei lamented that some of the government employees implicated in corruption have been claiming they did so after receiving orders from some higher offices to commit illegalities.

"Those engaging in corruption will not be spared," Koskei said as he declared all-out war against the vice in government offices.

Kosekei spoke at the Kenya School of Government in Nairobi where he addressed various government officers including administrators, finance officers, accountants, internal auditors and heads of supply chain management. The officers were attending a one-day seminar that focused on service delivery and fighting corruption within government institutions.

"No excuse of orders from above will be accepted. You will be on your own. We cannot again use strategies of blackmail and victimisation to escape punishment for engaging in corruption. You have the power to refuse that call and do your work without fear or favour," said Koskei.

Caught involved

Koskei said any officer caught involved in corruption will carry their cross "because all the systems and processes that promote corruption are under your control".

"I am here to urge you to internalise the renewed emphasis on corruption prevention and the dire consequences that await those who go astray. It is widely acknowledged that corruption often revolves around the processes of procurement and payment for goods and services," he said.

He added: "You are in charge of finance, accounting, auditing and procurement functions and therefore, have a greater responsibility to promote or prevent corruption."

"President William Ruto wishes to build and leave behind a high-performing, efficient, and agile public service that is citizen-centric even as he seeks to deliver his Bottom-up Economic Transformation Agenda for Kenya."

"However, this noble goal is threatened by the pervasive and destructive vice of corruption that has permeated all sectors of government and public life."

Koskei's warning comes in the wake of several corruption scandals that have rocked President Ruto's government within the first year of the Kenya Kwanza administration. The scandals include the mosquito nets scam at Kenya Medical Supplies Authority that saw the government lose Sh3.7 billion Global Fund tender to supply the treated nets.

Withdrawing excessive

The latest scam has hit the National Hospital Insurance Fund where some hospitals have been accused of withdrawing excessive cash from accounts of patients who have died at their facilities, some under no-so-clear circumstances.

Then there is the alleged importation of contaminated sugar with fears that the product may already have found its way onto shelves of shops and supermarkets. MPs and top government officials are said to be involved in this scandal.

The latest scandal that has generated a lot of heat revolves around edible oil with questions being raised about the tendering process before the product was imported.

Trade and Investments Cabinet Secretary Moses Kuria has tried to distance himself from the edible oil importation scandal claiming cartels in the sub-sector are sponsoring news headlines to destroy his name and the reputation of his ministry.

Kuria, who has been attacking the media for highlighting the scandals in government and threatening to deny them government advertising, claimed the intervention to have Kenya National Trading Corporation import edible oils was meant to address the high costs of edible oils.

Deeply ingrained

Koskei said: "Corruption has become so deeply ingrained that it is even factored in the budgets of institutions, both within and outside government. This is threatening the achievement of Vision 2030. Corruption is also threatening the moral fabric of our nation."

According to Koskei, recent developments in some institutions in the government confirm that there has been a notable lack of compliance with the law and negligence in the execution of responsibilities. This has caused a public outcry to which the government cannot turn a blind eye.

Auditor General's audit report for the 2020/2021 financial year pointed at mismanagement, negligence, shades of fraud and outright theft in blatant contravention of the Constitution, legislation, regulations, policies and procedures.

Koskei noted Article 10 of the Constitution prescribes national values and principles of governance, which include the rule of law, integrity, transparency, accountability and sustainability, which must be adhered to by public servants.

Article 232 reinforces Article 10 and prescribes the values and principles that those in the public service must follow, including the high standards for professional ethics, effectiveness and efficiency, and economic use of resources.

"To cure this problem, all public officers are required to comply with these values and principles. Unfortunately, the Public Service Commission's annual report reveals that compliance levels have been disappointingly low, ranging from 38 and 41 per cent, over the last three years," Koskei said.

Some of the reasons for the qualified opinions in the financial statements of the above officers that have contributed to corruption were inaccuracies and irregularities in financial statements and non-compliance with Public Finance Accounting Standards.

Others were the failure to prepare monthly bank reconciliations with some items remaining unreconciled for over one year, operating without functional Internal Audit units and Audit Committees in outright disregard of financial regulations.