State lawyers given new integrity code
Counties
By
Alphonce Shiundu
| Feb 03, 2016
Attorney General Githu Muigai has issued new rules to enforce integrity standards among State lawyers.
This comes at a time when the State is keen to dismantle networks that have made it possible for corruption to thrive in Government procurement.
Lawyers in the State Law Office, which is headed by Prof Muigai, give the Government advice on how to negotiate, draft and vet local and international contracts.
As such, the lawyers are aware of what is happening in Government. But the AG reminded the lawyers yesterday that it was illegal for them to use the office to wrongfully or unlawfully acquire or influence the acquisition of property. The AG’s focus is ensuring that State lawyers are banned from holding shares in Government institutions or in firms where the holding of shares will expose them to conflict of interest. This could be an indirect call on the State lawyers to review their private engagements in law firms.
“A State Officer shall not hold shares or have any other interest in a corporation, partnership or other body, directly or through another person, if holding those shares or having that interest would result in a conflict,” read the rules published in the Kenya Gazette.
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Close accounts
All Government lawyers will have to close their overseas bank accounts and if they want to bank their personal millions abroad, then they will need the clearance of the Ethics and Anti-Corruption Commission. They will also be required to file the statements of the bank account with the EACC every year.
The rules also bar the lawyers from using their connections in the office to take legal shortcuts for personal gain or to solicit for money and other favours in exchange for approving key contracts.
The rule says all State lawyers have to register their interests, including “any connection with a person, firm or a company, whether by relation, friendship or holding of shares ....” The rules are a mix of provisions of the Constitution, Public Officers Ethics Act and Leadership and Integrity Act.