Law must apply equally to all, big or small, as we effect Constitution

The Holy Bible, Koran and the Tora are very clear on the subject of stealing. They all simply state “You shall not steal”.

There is no qualification as to whether the Holy law applies to stealing small or large amounts, and it applies to all persons, big and small. If your former colleague stole, then he/she must pay for the consequences of stealing, which in your case might include losing her present job. If, on the other hand, one did not steal, he/she must be let go free of such a tag and must be declared a fit and proper person to hold the office she now holds. For this reason, you owe it to your employer to inform him of his/her past, but before that, you must in absolute good faith let the employee know your intentions, and give one the chance to inform the employer of one’s past. If one does, then the employer is more likely to take the view that one has nothing to hide, and might be even more impressed in him/her than he was when he hired her.

This view brings me squarely to the whole question of loyalty. The Constitution requires that public officials, swear an oath in the prescribed format before discharging the duties of their office. In all cases, the oath of office recognises the primacy of the Republic of Kenya, and NOT to the individual who appoints the office holder. Loyalty is to Kenya not an individual!
Looking at the Constitution, I am left to wonder why anybody would want to be President in 2012!

The Office of President has been stripped of all imperial power and has been left as a pale shadow of what it was previously. The president will have very little influence (as we have seen) in the hiring of judges and other judicial officers. Even his ministers (cabinet secretaries) will occupy their officers subject to approval by parliament. Similarly, the chief of police, Public Service, and all other constitutional office holders will take their position “Subject to approval by Parliament”.

Chapter six of the Constitution spells out in great detail the requirements for occupants of public office. Integrity and accountability are key Considerations. We, the people of Kenya have made it mandatory for public office holders to be men and women of impeccable characters. I do not expect anything less for those who work for your employer — there is no room for thieves in Kenya. For this country to progress, men and women must occupy positions that they seek on merit. Gone are the days when a president could change attorney generals and chief justices at will.

In those days, permanent secretaries and heads of parastatals did not miss the one O’clock news broadcasts because their fate changed for better or for worse at one O’clock!

When I look at the chaos on our roads, matatus overtaking recklessly and killing people in what they call “accidents” I see them behaving like their fellow thieves who stole money for Free Primary Education, and view them in the same light as those who stole money meant to buy drugs for children now dying of preventable diseases.

As the chairman of National Campaign Against Drug Abuse, I come across the youth dying of drug related complications, including overdose, accidents, HIV/Aids and I see in each death, the hand of a public official who received a bribe to allow a drug baron escape the law!

When good people like yourself watch thieves steal from employers, then you are no longer good. Keeping silent when thieves have a field day makes you an accomplice!

Our National Anthem is also very clear on the matter. When it says, “justice be our shield and defender,” it also refers to your colleague who, if found innocent, must be allowed to occupy his/her office so that “plenty many be found within our borders”.
The law must apply to all equally. Many years ago, Kenya had a fully fledged ministry for National Guidance at one time led by James Njiru. Though perhaps inappropriate at the time, it may be desirable to think of a way of doing what was envisaged at the time, and ensure full compliance with Chapter Six of the Constitution. Such a body would vet (in public) all those who aspire to Parliament in 2012.

I see many MPs opting out of public office if they were asked to face a panel of judges vetting them with regard to their suitability to hold public office. Since the Chief Justice and the Supreme Court hold office “Subject to approval by parliament”.

MPs should hold office subject to compliance with provisions of Chapter Six, vetted by the judges they vetted! A colleague should hold office only if one is found fit to do so by a well informed employer.