MBA(FINANCE),BBM(ACCs),CPA(K),CPS(K) ENTRENCHING ETHICS AND GOOD GOVERNANCE CULTURE IN PUBLIC SERVICE Theme: Good Governance for Sustainable Institutions CS. BEN SAMOEI MBA(FINANCE),BBM(ACCs),CPA(K),CPS(K) CME PRESENTATION MTRH ELDORET 22.02.2018 1

PRESENTATION OUTLINE Introduction Definition and Conceptualization Examples of Common Ethics and Governance Problems A review of the Ethics and Governance Situation in Kenya Factors Underlying Governance and Ethical Challenges in Public Service Entrenching Ethics and Good Governance in Public Service Opportunities for Entrenching Ethics and Good Governance Conclusion

INTRODUCTION There are increasing expectations from citizens, business leaders and civil society that Governments will establish and deliver higher standards of ethics and integrity in the Public Service. Practice of good governance has impact on a variety of outcomes, including public sector reforms and economic growth and development. (Positive Correlation between Good governance and economic growth and development)

DEFINITIONS AND CONCEPTUALIZATION Ethics: (Whitton, 2001): Ethics refers to the ‘core values’ which define the professional role of the civil service. (Hicks (2007): For public officials, Ethics means how to behave in a particular role, and how to live up to the expectations of others; colleagues, employers, politicians, citizens and end users of public services.

Governance (UNDP, 1997): Defines Governance as ‘the exercise of economic, political and administrative authority to manage a country’s affairs at all levels’, which ‘comprises mechanisms, processes and institutions through which citizens and groups articulate their interests, exercise their legal rights, meet their obligations and mediate their differences’

Good Governance (European Commission, 2010): “The transparent and accountable management of human, natural, economic and financial resources for the purposes of equitable and sustainable development, in the context of a political and institutional environment that upholds human rights, democratic principles and the rule of law”

Public Service The Public Service: Office in the national government, county government and state Corporations/state organ. Remuneration and benefit are paid from consolidated funds provided by the National Treasury.

VALUES AND PRINCIPLES OF PUBLIC SERVICE ARTICLE 232 of COK 2010 Kenyans set the standards of values and principles in the constitution (right thing to do+++) High standards of professional ethics; Efficient, effective and economic use of resources; Responsive, prompt, effective, impartial and equitable provision of services; Involvement of the people in the process of policy making; Accountability for administrative acts; Transparency and provision to the public of timely, accurate information; Subject to paragraphs (h) and (i), fair competition and merit as the basis of appointments and promotions;

VALUES AND PRINCIPLES OF PUBLIC SERVICEARTICLE 232 Representation of Kenya’s diverse communities; and Affording adequate and equal opportunities for appointment, training and advancement, at all levels of the public service, of:– (i) men and women; (ii) the members of all ethnic groups; and (iii) persons with disabilities.

EXAMPLES OF COMMON ETHICS AND GOVERNANCE PROBLEMS Grand Corruption / State Capture: This condition is characterized by situations where: corrupt leaders collude with corrupt investors to undertake non-competitive, non-transparent award of contracts. Nepotism and patronage in public service: This problem is characterized by political pressure for award of contracts, appointments and politicized transfers of government officials.

Ethics and Governance Situation in Kenya Governance: Compared to slightly over a decade ago, Kenya’s governance situation in terms of the rule of law, service delivery, public sector performance, democracy, human rights and regulation and oversight has registered significant improvement. Under devolution and decentralization in the new constitution, effectiveness of governance is expected to improve.

E&G Situation………………………….. Regulation and Oversight: Through legislative reform and the Constitution of Kenya 2010, the government has put in place multilayered regulatory and oversight systems to perform the check and balances function on the way public sector organizations operate and are managed. Diversity Management: Pockets of challenges exist, for example, as seen in underrepresentation of minorities and marginalized groups in the public service.

E&G Situation…………………………….. Anti-Corruption: Enhancing public sector efforts to combat corruption. Reconstitution of Ethics and Anti-Corruption Commission, Strengthening of the Office of Director of Public Prosecutions (DPP), Enactment of the public officer ethics Act, 2003 and the creation of a host of oversight bodies However, available data suggest that Kenya’s corruption levels remain high as seen in the corruption Perception Index (CPI) trends (Fig. 1).

Fig. 1. The CPI Index for Kenya 2004–2013 Source: Transparency International CPI Reports 2004-2013

Table 1. Kenya’s CPI trends 2004-2014 YEAR 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 CPI 2.1 2.2 2.7 Global Rank 129/145 144/158 142/163 150/179 147/180 146/180 154/178 154/182 139/174 136/175 HI-LOW 1.9/2.4 1.8-2.4 2.0-2.4 19-2.3 1.9-2-4 1.9-2-5 …. # of Surveys 7 8 Source: Transparency International CPI Reports 2004-2013 ….Data Not Available

FACTORS UNDERLYING GOVERNANCE AND ETHICAL CHALLENGES IN PUBLIC SERVICE Absence of/ inadequate regulatory framework Lack of enforcement mechanisms Absence of appropriate training Conditions of service Absence of citizen participation A culture of silence/impunity Lack of/ inappropriate socialization of the young

Entrenching Ethics and Good Governance in the Public Service -The Areas of Focus Anticipating specific threats to ethics standards, integrity and good governance in the public sector; Strengthening the ethical and governance competence of civil servants (Training & Development), and strengthening mechanisms to support “professional ethics”;(Code of conduct) (Requirement to belong to a professional body); Developing administrative practices and processes which promote ethical values and integrity; and Exercising Disciplinary Control.

Mechanisms for Implementation and Enforcement of Ethics and Good Governance Right to obtain access to official information Right to obtain reasons for official decisions Fair Administrative action Right of review of official decisions Right to Procedural Fairness Laws, Codes of Ethics and Codes of Conduct Charters of Service as Standards of Ethics and Service delivery Laws Against 'Maladministration' Anti-Corruption Laws and Agencies

Mechanisms for Implementation ………………. ‘Whistle Blower’ protection Public Finance management reforms Regulatory Reforms Integrity Testing Responsibilities of citizens in dealing with public bodies (Honesty, lawfulness, prevention of corruption) Human Resource Management Reform(merit in recruitment and promotion, prohibition by law of: patronage, favoritism, stiff penalties for corruption, arbitrary dismissal)

Opportunities for Entrenching E&GG Curriculum review (more explicit integration of ethics and good governance into basic/ tertiary education curriculum) The private sector as a responsible corporate citizen (the ‘neighbourhood effects’ of the private ) Decentralization of EACC (EACC closer to citizens) A stronger / More Visible Office of the Ombudsman (Commission for Administrative Justice – watchdog on maladministration) The role of professional bodies in enforcing ethical practice among their members (the power of sanctions) A Strengthened office of the Director of Public Prosecutions (DPP) Training to public officers (on-going training expected to improve governance, ethics in public service) Devolution and Decentralization (to improve service delivery, eliminate bureaucracy, more accountable public service)

CONCLUSION Ethical practice and good governance in Public Service are mutually reinforcing constructs. Although contextual definitions may differ, ethical practice and good governance are generally characterised by efficient delivery of public services, transparency, accountability, the rule of law and democracy.

CONCLUSION………………………… In performing its functions enshrined in the Constitution, the Public Service Commission of Kenya has made significant contributions to the entrenchment of good governance and ethics in the public service. However, negative perceptions persist. For strategies targeting entrenchment of ethics and good governance to be effective, they must be backed by a range of other mechanisms including, training, and leadership by public service managers and the political class. An integrated approach.

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