EACC Cracks Down on Multi-Jobbing Public Officers
In a landmark move that sent shockwaves through Kenya's public sector, the Ethics and Anti-Corruption Commission (EACC) has directed public officers holding more than one job to resign from the additional positions and refund all salaries and benefits earned. This bold decision, fueled by a recent court ruling, aims to tackle the widespread practice of double employment within the government, a practice dubbed "double dipping" by critics.
"The Commission has noted with concern the increasing cases of public officers who engage in double employment, contrary to the provisions of the Constitution and the Leadership and Integrity Act," declared Twalib Mulle, the EACC's acting CEO, in a statement. He further cited the recent verdict in the Agnes Wanjiru Gatama case, where the court upheld the EACC's argument that holding concurrent public positions constituted an illegality.
Gatama, a lecturer at JKUAT, served as a board member at the Kirinyaga County Assembly Service Board, leading to a legal showdown with the EACC. The court's ruling in favor of the commission set a precedent, paving the way for the EACC's directive to all multi-jobbing public officers.
The news sparked mixed reactions. Public sector stakeholders like the Central Organisation of Trade Unions (COTU) welcomed the move, with COTU Secretary General Francis Atwoli noting, "This puts an end to unfair competition for scarce resources within the public service." Atwoli commended the EACC for upholding ethical standards and promoting equal opportunities within the government.
However, concerns emerged from some quarters. Legal experts pointed out the need for a clear and transparent implementation process, ensuring due process and avoiding arbitrary application of the directive. They emphasized the importance of individual case assessments and providing officers with a fair opportunity to comply.
The financial implications for double-dippers are significant. The EACC intends to recover all salaries and benefits earned by public officers in violation of the regulations, a potentially hefty sum considering the prevalence of the practice. This recovery process could prove complex and raise logistical challenges, but it sends a clear message: double dipping will no longer be tolerated.
While the long-term impact of the EACC's directive remains to be seen, it undoubtedly marks a significant step towards promoting integrity and ethical conduct within Kenya's public service. The fight against double employment, however, demands sustained vigilance and a collaborative effort from the EACC, public institutions, and legal actors to ensure effective implementation and lasting reforms.
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