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GUYO: ‘Stepping aside’ not a matter of politics or tribe but law

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By KALTUM GUYO
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The concept of ‘stepping aside’ has been on our tongues since the purge on corruption began.

Even though it sounds more like a term used in a dance of musical chairs, it, in fact, has a legal basis. It is what is widely known as acting in ‘public interest’ or, in other words, known in the legal circles as acting within the public interest law.

Hence, when one is asked to step aside, it is done as a matter of public interest. It is challenging for the law, therefore, when political and tribal interests override a key principle of law in protecting the public from criminal behaviour of suspects of theft of public funds or any other serious crime.

In the minds of many Kenyans, there seems to be an overlap of the principle of ‘innocent till proven guilty’ and that of acting in ‘public interest’, which has led to many suspects of corruption wrongly heading back to their offices to await the outcomes of their cases.

However, this cannot, and should not, have been allowed to happen for the simple reason that those implicated are public servants appointed or elected to lead institutions that are governed by public law policies.

The incident of the alleged disappearance of data from the computer system at the National Land Commission (NLC) highlights the risk of leaning more towards the principle of ‘innocent till proven guilty’. It is, of course, a right that is enshrined not just in our Constitution, but also in international law to protect one’s human rights. However, it needs to be used interchangeably with the principle of ‘public interest’ in order to protect the public, especially if the alleged crime was heinous or poses a risk to the public’s interests.

‘Innocent till proven guilty’ must be applied objectively, all factors considered. It would be prudent to keep a suspect of serious crimes behind bars during the trial in order to protect the public from further harm. This would relate to cases such as murder, rape and genocide, to name a few. It is also crucial in case of theft of public funds to keep suspects away from their offices for smooth administration of justice.

In the current scenario, where we are fighting corruption, the right thing to do, by law, would be keep those implicated in the theft of public funds away from the offices where the alleged crime was committed. There is enough legislation in place, anyway to protect their interests to ease their return to work should they be proven innocent.

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One key reason in law for acting in public interest is to prevent crime or further crime. It is foolhardy, therefore, to return corruption suspects to their offices — to continue to steal from where they left off before their cases are determined. To borrow the analogy from our African saying, what we are doing is letting a leopard carry on keeping sentry in a kraal full of goats despite it having killed a few already.

Why are we letting corruption suspects loose on the public despite the allegations of graft? A leopard, after all, as we know, can never change its spots.

The public interest principle can, of course, be invoked to raise issues in relation to ‘conflict of interest’, too, in a matter before court, or in protection of national security and public health.

Nothing undermines our way of life at the moment than the wanton and brazen theft of public funds. The more reason, therefore, to move away from looking at the problem of corruption as something that has nuances of politics or ethnicity, but which breaches public interest law.

Allegations of corruption, of course, bring the integrity of the said public servant into question and this makes their presence in the said post untenable. Integrity of public servants is clearly defined in Chapter 6 of the Constitution, under Leadership and Integrity. Continuous serving by the suspects of corruption or any other serious crime undermines the rule of law and the public’s confidence in our justice system.

Courts have a wide discretion on determining issues of public interest. It is, therefore, puzzling to see them accede to sending suspects of serious crimes back to their jobs. It is understandable that a balance must be struck between protecting the human rights of offenders and public interest.

It is easy to discern in relation to the fight against corruption that public interest must take precedence. It calls upon the integrity of the courts to react in a way that would instil confidence in issues that touch and concern the welfare of the public.

In practice, most junior staff in the government do get interdicted if they face corruption allegations. Allowing their seniors to carry on working despite facing similar charges is gross miscarriage of justice. The law must be served fairly and justly across the board all the time.



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Public officers above 58 years and with pre-existing conditions told to work from home: The Standard

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Head of Public Service Joseph Kinyua. [File, Standard]
In a document from Head of Public Service, Joseph Kinyua new measure have been outlined to curb the bulging spread of covid-19. Public officers with underlying health conditions and those who are over 58 years -a group that experts have classified as most vulnerable to the virus will be required to execute their duties from home.

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However, the new rule excluded personnel in the security sector and other critical and essential services.
“All State and public officers with pre-existing medical conditions and/or aged 58 years and above serving in CSG5 (job group ‘S’) and below or their equivalents should forthwith work from home,” read the document,” read the document.
To ensure that those working from home deliver, the Public Service directs that there be clear assignments and targets tasked for the period designated and a clear reporting line to monitor and review work done.
SEE ALSO: Thinking inside the cardboard box for post-lockdown work stations
Others measures outlined in the document include the provision of personal protective equipment to staff, provision of sanitizers and access to washing facilities fitted with soap and water, temperature checks for all staff and clients entering public offices regular fumigation of office premises and vehicles and minimizing of visitors except by prior appointments.
Officers who contract the virus and come back to work after quarantine or isolation period will be required to follow specific directives such as obtaining clearance from the isolation facility certified by the designated persons indicating that the public officer is free and safe from Covid-19. The officer will also be required to stay away from duty station for a period of seven days after the date of medical certification.
“The period a public officer spends in quarantine or isolation due to Covid-19, shall be treated as sick leave and shall be subject to the Provisions of the Human Resource Policy and procedures Manual for the Public Service(May,2016),” read the document.
The service has also made discrimination and stigmatization an offence and has guaranteed those affected with the virus to receive adequate access to mental health and psychosocial supported offered by the government.
The new directives targeting the Public Services come at a time when Kenyans have increasingly shown lack of strict observance of the issued guidelines even as the number of positive Covid-19 cases skyrocket to 13,771 and leaving 238 dead as of today.
SEE ALSO: Working from home could be blessing in disguise for persons with disabilities
Principal Secretaries/ Accounting Officers will be personally responsible for effective enforcement and compliance of the current guidelines and any future directives issued to mitigate the spread of Covid-19.

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Uhuru convenes summit to review rising Covid-19 cases: The Standard

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President Uhuru Kenyatta (pictured) will on Friday, July 24, meet governors following the ballooning Covid-19 infections in recent days.
The session will among other things review the efficacy of the containment measures in place and review the impact of the phased easing of the restrictions, State House said in a statement.
This story is being updated.
SEE ALSO: Sakaja resigns from Covid-19 Senate committee, in court tomorrow

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Drastic life changes affecting mental health

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Kenya has been ranked 6th among African countries with the highest cases of depression, this has triggered anxiety by the World Health Organization (WHO), with 1.9 million people suffering from a form of mental conditions such as depression, substance abuse.

KBC Radio_KICD Timetable

Globally, one in four people is affected by mental or neurological disorders at some point in their lives, this is according to the WHO.

Currently, around 450 million people suffer from such conditions, placing mental disorders among the leading causes of ill-health and disability worldwide.

The pandemic has also been known to cause significant distress, mostly affecting the state of one’s mental well-being.

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With the spread of the COVID-19 pandemic attributed to the novel Coronavirus disease, millions have been affected globally with over 14 million infections and half a million deaths as to date. This has brought about uncertainty coupled with difficult situations, including job loss and the risk of contracting the deadly virus.

In Kenya the first Coronavirus case was reported in Nairobi by the Ministry of Health on the 12th March 2020.  It was not until the government put in place precautionary measures including a curfew and lockdown (the latter having being lifted) due to an increase in the number of infections that people began feeling its effect both economically and socially.

A study by Dr. Habil Otanga,  a Lecturer at the University of Nairobi, Department of Psychology says  that such measures can in turn lead to surge in mental related illnesses including depression, feelings of confusion, anger and fear, and even substance abuse. It also brings with it a sense of boredom, loneliness, anger, isolation and frustration. In the post-quarantine/isolation period, loss of employment due to the depressed economy and the stigma around the disease are also likely to lead to mental health problems.

The Kenya National Bureau of Statistics (KNBS) states that at least 300,000 Kenyans have lost their jobs due to the Coronavirus pandemic between the period of January and March this year.

KNBC noted that the number of employed Kenyans plunged to 17.8 million as of March from 18.1 million people as compared to last year in December. The Report states that the unemployment rate in Kenya stands at 13.7 per cent as of March this year while it stood 12.4 per cent in December 2019.

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Mama T (not her real name) is among millions of Kenyans who have been affected by containment measures put in place to curb the spread of the virus, either by losing their source of income or having to work under tough guidelines put in place by the MOH.

As young mother and an event organizer, she has found it hard to explain to her children why they cannot go to school or socialize freely with their peers as before.

“Sometimes it gets difficult as they do not understand what is happening due to their age, this at times becomes hard on me as they often think I am punishing them,”

Her contract was put on hold as no event or public gatherings can take place due to the pandemic. This has brought other challenges along with it, as she has to find means of fending for her family expenditures that including rent and food.

“I often wake up in the middle of the night with worries about my next move as the pandemic does not exhibit any signs of easing up,” she says. She adds that she has been forced to sort for manual jobs to keep her family afloat.

Ms. Mary Wahome, a Counseling Psychologist and Programs Director at ‘The Reason to Hope,’ in Karen, Nairobi says that such kind of drastic life changes have an adverse effect on one’s mental status including their family members and if not addressed early can lead to depression among other issues.

“We have had cases of people indulging in substance abuse to deal with the uncertainty and stress brought about by the pandemic, this in turn leads to dependence and also domestic abuse,”

Sam Njoroge , a waiter at a local hotel in Kiambu, has found himself indulging in substance abuse due to challenges he is facing after the hotel he was working in was closed down as it has not yet met the standards required by the MOH to open.

“My day starts at 6am where I go to a local pub, here I can get a drink for as little as Sh30, It makes me suppress the frustration I feel.” he says.

Sam is among the many who have found themselves in the same predicament and resulted to substance abuse finding ways to beat strict measures put in place by the government on the sale of alcohol so as to cope.

Mary says, situations like Sam’s are dangerous and if not addressed early can lead to serious complications, including addiction and dependency, violent behavior and also early death due to health complications.

She has, however, lauded the government for encouraging mental wellness and also launching the Psychological First Aid (PFA) guide in the wake of the virus putting emphasis on the three action principal of look, listen and link. “When we follow this it will be easy to identify an individual in distress and also offer assistance”.

Mary has urged anyone feeling the weight of the virus taking a toll on them not to hesitate but look for someone to talk to.

“You should not only seek help from a specialist but also talk to a friend, let them know what you are undergoing and how you feel, this will help ease their emotional stress and also find ways of dealing with the situation they are facing,” She added

Mary continued to stress on the need to perform frequent body exercises as a form of stress relief, reading and also taking advantage of this unfortunate COVID-19 period to engage in hobbies and talent development.

“Let people take this as an opportunity to kip fit, get in touch with one’s inner self and  also engage in   reading that would  help expand their knowledge.

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