President Kenyatta speaks during a joint press briefing with visiting Barbados Prime Minister Mia Amor Mottley at State House on Wednesday, December 11/PSCU
NAIROBI, Kenya, Dec 12 – President Uhuru Kenyatta has instructed Attorney General Kihara Kariuki to expedite and submit the Conflict of Interest Bill to Cabinet for approval as the government moves to bar State and public officers from engaging in private practice while serving in government.
In his speech during the 56th Jamhuri Day Celebrations on Thursday, the President said once the law is enacted public and State officials including Members of Parliaments will be required to cease their professional engagement in private practice in order to take up their public or state positions.
“State and public officers are not above law. Our constitutional order is a jealous one; it demands that state and public officers serve no other master but it. A teacher in the Public Service cannot have one foot in the classroom and the other in Parliament. One cannot serve as a legislator at the National or County Level while at the same time practicing law, whether or not for gain.”
He added; “In the same way, judges and magistrates cease completely any legal practice while in office, similarly doctors, engineers, accountants and other professionals who take up state or public office, should give up private practice and devote their full time, energies and focus on public duties; and without the perception that they are using state or public office as a mere platform to advance other interests.”
The remarks by the Head of State came barely days after a section of Kenyans raised concerns on cases of MPs offering legal representation to public or State officials who they ought to be over sighting.
“Is it fair and right for legislators who have control over funds and exercise oversight over the Judiciary to appear in courts as counsel? Is it fair on the judicial officer hearing the case or the other parties that, one party in the case is represented by persons who can literally change the law applicable to the dispute, control the career progression of the judge or magistrate or are able to speak with the voice of an entire arm of Government?”
“The position is simple; you either serve the public in the role you signed up for or you serve the Republic as a private practitioner; it is a profound conflict of interest to do both,” he stated.
This is after Senate Majority Leader Kipchumba Murkomen and Senate Minority Whip Mutula Kilonzo Junior were part of Nairobi Governor Mike Sonko’s high profile defense team as he seeks to fight off 357 million shillings graft claims leveled against him by the Director of Public Prosecution Noordin Haji.
Senate Minority Leader James Orengo was also among lawyers who appeared for Deputy Chief Justice Philomena Mwilu when Haji ordered her prosecution on graft allegations.
Lawyers have in the past opposed attempts to gag them from private practice.
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