Uhuru is right to suspend civil/public servants but wrong to politicize it

[RV Pundit]

• Tweet

Public officer who is not elected by anyone should step aside whenever there are integrity issues. Those people are serving the public not by right but as a privilege. They are free to go serve elsewhere including in their private business.

 Chapter six applies here very strictly.

For Elected officers including governors and mps..the threshold is higher..the constitutions ENHANCED CHAPTER six (under qualifications for Mps/MCA/GOv/PORK) by requiring that one be found guilty of Chapter six crimes and be given chance to exhaust their appeals and reviews avenues..and then the door is slammed shut forever.Chapter six only kicks in for those who have been found guilty previously. They will never hold any elective or appointed positions.
 
In short Uhuru should develop a policy just like governors should do to ensure ..everyone under investigation steps asides pronto.

[Kadudu]

You have not mentioned the fact that EACC is not answerable to the president. Who is the CEO of EACC to hand over the report to the president? The CEO of EACC is the manager of the day to day affairs of the EACC and is not in-charge of the investigation cases. Only the chairman is to handle the investigation cases which go to the DPP who then decided which cases can be charged in court. In this case the president is playing the role of DPP.

[RV Pundit]

Yes there is a problem with how an independent body gave PORK that list.Uhuru should have asked parliament to develop a law that states if civil vant is under investigation by EACC or DPP then they step aside with full or half pay for 2 months upon which EAC should have completed the investigation, the file send to DPP and decision made...to charge or not..if the decision is made to proceed with case..he is officially interdicted.

You have not mentioned the fact that EACC is not answerable to the president. Who is the CEO of EACC to hand over the report to the president? The CEO of EACC is the manager of the day to day affairs of the EACC and is not in-charge of the investigation cases. Only the chairman is to handle the investigation cases which go to the DPP who then decided which cases can be charged in court. In this case the president is playing the role of DPP.

[Kim Jong-Un's Pajama Pants]

Why can't Uhuru just fire them and hire clean people?  He is not constitutionally beholden to them.

[RV Pundit]

Why would he do that. I think what we need are procedural ways of doing things. This is where Uhuru can really insulate himself from personal or political interests and blame game.

My proposal would be simple for public official [non elected]. If you're under investigation ( a file has been opened) either by police or EACC -step aside (suspended) for two months. EACC will use those two months to complete investigations and hand over the file with recommendation to charge or not charge. Once charged..you're interdicted (for those in lower ranks) or forced to resign(for those with higher ranks)..

Why can't Uhuru just fire them and hire clean people?  He is not constitutionally beholden to them.

[Kim Jong-Un's Pajama Pants]

Why would he do that. I think what we need are procedural ways of doing things. This is where Uhuru can really insulate himself from personal or political interests and blame game.

My proposal would be simple for public official [non elected]. If you're under investigation ( a file has been opened) either by police or EACC -step aside (suspended) for two months. EACC will use those two months to complete investigations and hand over the file with recommendation to charge or not charge. Once charged..you're interdicted (for those in lower ranks) or forced to resign(for those with higher ranks)..

Why can't Uhuru just fire them and hire clean people?  He is not constitutionally beholden to them.

Then he can focus on more important issues and let those folks clear their names with EACC, courts or whatever.  He doesn't owe them those jobs.  The assumption is that if you are under investigation by EACC, there is considerable evidence against you. 

He can enforce a policy of zero tolerance on that basis without waiting for EACC to finish their work.  It does not mean that they are guilty.  It just means that he wont tolerate any serious doubts about integrity in his government.

[Kadudu]

The vagueness of the laws is delibarate so that the leaders have a big room for interpretation. If Uhuru was serious how would he demand that elected officials "step aside" although he is fully aware he has no say over them? Even a first year law student knows this.

Why would he do that. I think what we need are procedural ways of doing things. This is where Uhuru can really insulate himself from personal or political interests and blame game.

My proposal would be simple for public official [non elected]. If you're under investigation ( a file has been opened) either by police or EACC -step aside (suspended) for two months. EACC will use those two months to complete investigations and hand over the file with recommendation to charge or not charge. Once charged..you're interdicted (for those in lower ranks) or forced to resign(for those with higher ranks)..

Why can't Uhuru just fire them and hire clean people?  He is not constitutionally beholden to them.

[Omollo]

Am afraid the corrupt just figured a way to emasculate both  the EACC and the DPP without disbanding the EACC as in the past. The decision to share information with Uhuru renders the body completely incompetent and unqualified. I shall be watching the fallout with keen interest to see how the accused will exploit it and set themselves free.